Aviation Attorneys Weigh In On Next Steps After DC Plane Crash

There is a lot about the American Airlines plane crash in Washington, D.C., on Wednesday night that remains a mystery but two aviation attorneys spoke to Newsweek on Thursday to discuss the possible next steps for investigators and victims' families.

Why It Matters

The American Airlines plane, originating from Wichita, Kansas, and carrying 60 passengers and four crew members, collided with a military Black Hawk helicopter while landing at Ronald Reagan National Airport near Washington, D.C., at around 9 p.m. ET.

A large search-and-rescue operation has been launched in the nearby Potomac River. The precise number of casualties and survivors remains unclear, but D.C. Fire and EMS Chief John Donnelly said at a Thursday morning news conference, "At this point, we don't believe there are any survivors."

Defense Secretary Peter Hegseth wrote on X, formerly Twitter, on Thursday: "Absolutely tragic. Search and rescue efforts are still ongoing. Prayers for all impacted souls, and their families."

Both the NTSB and the Pentagon have launched investigations into the crash.

Emergency response units search the crash site of the American Airlines plane on the Potomac River after the plane crashed on approach to Reagan National Airport on January 30, 2025, in Arlington, Virginia. Win McNamee/Getty Images

What To Know

NTSB member Todd Inman told reporters on Thursday that the board will issue a preliminary report on the crash within 30 days and will subsequently release a final report "once we've completed all of our fact-finding and investigation."

Aviation attorney Mike Slack, managing partner and co-founder at Slack Davis Sanger and a licensed pilot, told Newsweek via telephone on Thursday, "After the investigation gets to a point the NTSB will schedule a public hearing. They will bring witnesses in, typically it will be the stakeholders: the parties, the airline, the Army, the FAA [Federal Aviation Administration], et cetera."

"They will take testimony and then ultimately prepare and submit their public final report and probable cause along with any safety recommendations," he added.

Slack said the Army's investigative team will largely "work within the NTSB because they're going to be seeking a lot of the same information...the military may need to go down a path where they cannot afford to have certain information revealed publicly that may not be safety information."

People following the investigation will be waiting for investigators to recover the flight data recorder and the cockpit voice recorder from the American Airlines plane, Slack said. These devices will give a glimpse into the events leading up to the crash. The lawyer added that there may be recording devices on the Army helicopter but that's unclear at this point.

Emergency response units assess airplane wreckage in the Potomac River near Ronald Reagan Washington Airport on January 30, 2025, in Arlington, Virginia. Andrew Harnik/Getty Images

The lawyer detailed what he believed investigators would be looking for.

"They're going to be looking at whether the pilot of the helicopter saw the jet or not," Slack said, noting that "light confusion at night is a real problem."

Slack said it would be interesting to find out if the captain in the left seat or the first officer in the right seat was flying the plane.

"The reason that can be important in a collision like this is that one of the pilots is providing visual contact, spotting of aircraft that are called out by our traffic control. If the pilot flying the jet is in the right seat, he's focused on the approach and that last turn on into the runway," Slack said, calling the arrival into the Ronald Reagan National Airport "very intense."

"The other pilot is looking for other aircraft...But he's on the other side of the cockpit from the direction that the helicopter is coming from," Slack continued.

Inman told reporters on Thursday that the NTSB is "comfortable and confident" that the plane's data recorders will be recovered.

Possible Lawsuits To Follow

Speaking to Newsweek via video chat on Thursday, Jim Brauchle, an aviation attorney for Motley Rice and former U.S. Air Force navigator, said that the release of the NTSB's full findings will probably take "maybe a year, but more than likely 18 months."

Brauchle said there is also a possibility that the victims' families could file lawsuits.

"Historically, anytime there's been a commercial aviation accident here in the United States, it has resulted in litigation," the lawyer said, adding, "The potential parties would be the airline and the government" for both the Army helicopter and air traffic control.

American Airlines Response

American Airlines previously told Newsweek via email: "Our concern is for the passengers and crew on board the aircraft. We are in contact with authorities and assisting with emergency response efforts."

The airline continued: "If you believe you may have loved ones on board Flight 5342, call American Airlines toll-free at 800-679-8215. Those calling from outside the U.S. can visit news.aa.com for additional phone numbers. Family members in Canada, Puerto Rico or the U.S. Virgin Islands can call 800-679-8215 directly.

"American Airlines will continue to release information as it becomes available. Please monitor news.aa.com and American's official X account @AmericanAir for the latest information."