Aviation attorney discusses likely lawsuit against government, American Airlines filed by victims' families
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An aviation attorney predicts families of the midair collision victims will be filing lawsuits against both the U.S. government and American Airlines in the coming days. 

No survivors are expected after an Army Black Hawk helicopter on a training mission collided with an American Airlines regional jet carrying 64 people as the jet was preparing to land at Reagan National Airport Wednesday evening. Three soldiers were aboard the Black Hawk. 

“Typically, right after — obviously, the families are dealing with a lot of shock and grief right now — a lot of times it’s really hard for people to wrap their minds around aircraft accidents because they’re just not supposed to happen,” James Brauchle told Fox News Digital Thursday, adding that air travel is “extremely safe.”

“We haven’t had a commercial accident in the U.S. involving a U.S. carrier since 2009.”

He said he doesn’t think there’s ever been a commercial aircraft crash in the U.S. that didn’t result in litigation. 

“So, I’m going to assume that that’s going to happen,” Brauchle said. “And that’s usually done, obviously, through the filing of a lawsuit.”

Based on his professional experience, he said, the airline and the government are both likely to be sued. 

American Airlines jets

An American Airlines aircraft sits on the tarmac at Ronald Reagan Washington National Airport Jan. 30, 2025.  (Kayla Bartkowski/Getty Images)

He said the government’s accountability could be twofold.

“One for obviously operating the helicopter because it was being flown by the Army, but also air traffic control that’s regulating and monitoring that airspace is FAA, which is again a government agency,” Brauchle said. 

Brauchle cautioned that it’s early in the investigation.

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