Kreindler Retained by Multiple Families in Mid-Air Collision of American Airlines Jet and Army Helicopter over Potomac at DC Reagan National Airport
February 1, 2025
What Happened to American Eagle Flight 5342 Airplane and U.S. Army Blackhawk Helicopter
On Wednesday, January 29, 2025, at 8:47 p.m., American Eagle Flight 5342, a Bombardier CRJ700 airplane, operated by PSA Airlines (a subsidiary of American Airlines), and a U.S. Army Sikorsky UH-60 Black Hawk helicopter collided over the Potomac River in Washington D.C. near Ronald Reagan Washington National Airport in Arlington, Virginia.
The American Eagle Bombardier CRJ700 passenger airplane carried 60 passengers and four crew members, while the Black Hawk carried three service members. Tragically, there were no survivors.
Who knows more about aviation law than attorneys who are also licensed, commercial pilots?
Kreindler Partners and Former Military Pilots (L-R): Justin Green (USMC) Brian Alexander (U.S. Army) Dan Rose (U.S. Navy)
Aviation crash litigation is quite complex. That's why only a handful of firms focus their practice on airplane and helicopter accidents. Adding in the involvement of a government or military related defense requires the best of the best law firms that can anticipate and navigate the intricacies of military aviation law and confront the unique issues when litigating against the U.S. government, including air traffic control regulations.
Ronald Reagan Washington National Airport is an extremely busy airport and contains 3 runways. American Eagle Flight 5342 was on a standard approach to runway 1, but air traffic control directed the flight to circle and land on runway 33. The Black Hawk helicopter was communicating with air traffic control as it transited the area along a low-level helicopter route over the Potomac River. Preliminary information indicates that the air traffic controller saw the two aircraft coming together and shortly before the collision communicated with the Black Hawk to fly behind Flight 5342. It does not appear, however, that air traffic control issued a safety alert. It will take time before all the factors that lead to this accident are uncovered.
Kreindler partners and veteran military pilots Justin Green and Dan Rose spoke to USA Today about the latest developments related to potential litigation as a result of the crash. “The transcripts and social media posts are already part of the fabric of the case and could be introduced as evidence,” according to Green. Attorney Rose added, “everybody knew for two decades a ground incursion or midair collision was the most likely soft spot and nothing was done. I expect changes will be made as a result.”
The National Transportation Safety Board (NTSB) and the Army
will investigate the accident. The NTSB will issue a preliminary report
in the coming two weeks that will set forth some basic facts concerning the
accident. The NTSB’s investigation, however, will take many months and it
may be more than a year before the NTSB schedules a public hearing and issues
its probable cause determination. The Army will coordinate with the NTSB
in investigating the accident.
The Kreindler firm is conducting its own investigation into the accident.
Our investigation will look into all facets, including
airspace design, air traffic control and staffing, and human factor elements,
including piloting. We are committed to ensuring that an accident of this
nature never occurs again.
Kreindler Attorneys Published Warnings About Air Traffic Control Crisis
Kreindler lawyers have written numerous articles and appeared on national media for years regarding the Air Traffic Control crisis that has existed for a long time. As Partner Erin Applebaum warned in a December 2023 aviation podcast, given the current state of affairs with Air Traffic Control in the U.S., it was not a matter of if, but only when would a catastrophic collision occur.
JANUARY 2025
In an unfortunately prescient circumstance, New York Law Journal published Kreindler partner Kevin Mahoney’s 2025 article about the increasing likelihood of a major aviation collision only hours prior to the American Airlines Army Black Hawk DC collision. Click below to read In Aviation Collisions: Legal Duties and Responsibilities.
December 2023
Kreindler Partner Brian Alexander wrote about the burgeoning Air Traffic Control crisis. Practically born on the tarmac, Alexander’s father was a career air traffic controller and his mother worked for American Airlines. While in the service, U.S. Army Captain Alexander was based at Fort Belvoir and frequently flew helicopters along the same path as the doomed January 29th flight. Click below to read, Air Traffic Control Understaffed & Undertrained: Solving the Airport Labor Crisis Before It’s Too Late, which was published by Simple Flying Magazine.
DECEMBER 2023
Kreindler Partner Erin Applebaum warned on the Aviation Geeks podcast that because of government delays on confronting the Air Traffic Control labor crisis, a catastrophic aviation collision in the U.S. was an inevitability. Listen to the 2023 podcast.
Partner Kevin Mahoney's January 2025 article for the New York Law Journal on the alarming series of near collisions prior to Wednesday's tragedy
Print or download a PDF of Partner Brian Alexander's 2023 article Air Traffic Control Understaffed & Undertrained: Solving the Airport Labor Crisis Before It's Too Late
A crash is inevitable. It's going to happen sooner rather than later because the government and the FAA are not properly addressing the air traffic controller shortage.
Kreindler has literally written the book on aviation accident law. Our partners frequently author articles for the aviation and legal industries, speak at industry events and lead CLE courses for other attorneys to learn more about aviation law.
National Media Turns to Kreindler for Legal Insight
Kreindler partners and veteran military pilots Brian Alexander, Justin Green and Dan Rose have appeared on all media - television, radio and internet to offer their experience and insight to the the national conversation.
Partner Justin Green on ABC News discussing the D.C. mid-air collision
Partner and veteran Navy pilot Daniel Rose on NBC News Now discussing the tragic DC crash
Partner and Veteran Military Pilot Brian Alexander on NewsMax
Kreindler Partner Justin Green on Queens City News
Partner Dan Rose on ABC News Live Regarding the fatal collision between a Blackhawk helicopter and a CRJ700 airplane
Kreindler Partner and veteran military pilot Justin Green on CNN with host Abby Phillip
Veteran Military Pilot and Kreindler Partner Justin Green on NBC News regarding the black boxes
Partner Justin Green on NBC News Daily regarding the recovery effort in the D.C. mid-air collision.
Partner Justin Green on NBC News Regarding the tragic collision between a CRJ700 airplane and a Blackhawk helicopter
Partner Dan Rose on Fox 5's Good Day New York discusses the fatal plane crash in DC
This issue is shared responsibility between air traffic control and the pilots, but also the FAA in how they set up the airspace
Partner Brian Alexander continues his appearance on NBC News Daily regarding the DC plane crash
Partner Brian Alexander on ABC News Live discussing the DC plane crash
Partner and Veteran Military Pilot Brian Alexander on NBC News Daily discussing the tragic DC plane crash
Kreindler Partner Justin Green was on NBC News Daily regarding the DC crash
Partner Brian Alexander Spoke on MSNBC's The Last Word's regarding the DC crash
Partner and Veteran Military Pilot Justin Green on CNN Newsnight Discussing DC Plane Collision
Kreindler Partner and Veteran Military Pilot Justin Green on CNN Discussing the DC Plane Crash
Veteran Military Pilot and Partner Brian Alexander appeared on NewsMax regarding the tragic DC
The National Transportation Safety Board (NTSB) will lead the investigation into the tragic collision. According to a CNN report, the pilots aboard American Eagle flight 5342 and the military pilots would have been familiar with navigating the busy airspace around Ronald Reagan Washington National Airport.
The investigation will likely focus on the communications between air traffic control (ATC) and each aircraft as well as the altitude of each aircraft, the avionics including radar, along with the visual and perceptive cues available to the crew in the helicopter in particular.
2024 Transportation Law Firm of the Year - National Law Journal
For over 75 years, Kreindler’s experience with aviation accident cases is unmatched by any other airplane crash law firm in the world. Our
attorneys have been lead counsel in nearly every major airline disaster case,
as well as countless private, charter, military, general aviation and
helicopter cases. Kreindler was the first law firm in 1952 to successfully prosecute a commercial aviation plane crash case on behalf of multiple passengers and in 2003, Kreindler set a single aviation disaster settlement record that still stands today — obtaining nearly $3 billion from Libya and Pan Am in lawsuits arising out of the bombing of Flight 103 over Lockerbie, Scotland.
Kreindler’s Experience with Air Traffic Control and FAA Cases
Kreindler has a long history of successfully investigating and prosecuting Air Traffic Control (ATC) cases against the Federal Aviation Administration (FAA). Kreindler’s partial list of cases that involved air traffic control failures includes:
2009 Hudson River mid-air collision, New York,
Piper Cherokee airplane crash, Prince George’s County, MD
Piper 425 Conquest airplane crash, Islip, NY
Piper Lance airplane crash, Great Smoky Mountains, TN
Cirrus SR20 airplane crash, Stewart International Airport, Newburgh, NY
Korean Airlines Flight 801 Boeing 747 airplane crash, Asan, Guam
Continental Airlines Flight 1404 Boeing 737 airplane crash, Denver, CO
Socata TBM 700 airplane crash - New Bedford, MA
Socata TBM 700 airplane crash - Morristown, NJ
Swedish Student Pilots aircraft collision, California Cessna 172 aircraft collision, Farmingdale, NY
Hawker Beechcraft BE35 airplane crash, Bethpage - Long Island, NY
Aviation Accident Laws, Statutes and Regulations
Any potential aviation accident litigation will involve a multi-faceted body of laws, statutes and regulations. These include:
Kreindler has written the book on aviation accident law. Our partners have authored numerous highly acclaimed books, articles and treatises, including the leading treatise in the aviation litigation field, Aviation Accident Law.
Kreindler is the preeminent aviation accident
law firm in the world. Our attorneys have been appointed leading counsel in
nearly every major commercial airline disaster case in the U.S. and abroad. The
firm was recently named 2024 Transportation Law Firm of the Year by the
National Law Journal. Kreindler’s aviation practice is led by attorneys who are
also commercial-rated, veteran military pilots. Kreindler’s aviation accident
attorneys have achieved an unmatched record of success representing people
globally who have been injured or lost family members in international and
domestic airline disasters. Our firm maintains offices in New York, Boston and Los Angeles.