In the aftermath of a devastating aviation accident, the families and loved ones of victims are often left desperately searching for answers and justice. The complexities of aviation law are numerous, and legal processes can vary significantly based on factors such as the parties involved, investigation procedures, and federal timelines. Leading aviation attorney Robert A. Clifford, the founder and senior partner at Clifford Law Offices, shared his unique perspective and insights on aviation accident rights, drawing from decades of experience handling complex global aviation disasters.
Clifford has represented families in every domestic commercial crash since 1979. Currently, he serves as Lead Counsel in the pending litigation in federal District Court in Chicago regarding the crash of a Boeing 737 MAX8 jet in Ethiopia in 2019. He is also representing at least one family in the preventable aviation disaster involving a passenger jet and a military Black Hawk helicopter that occurred on January 29, 2025, near Reagan National Airport, resulting in 67 fatalities.
“In the current disaster that our nation is witnessing unfold, we had 60 passengers, four crew, and three helicopter pilots – 67 people – sadly died in what our own president called a very preventable incident.”
In these moments, Clifford steps up to assist families in navigating the many questions that arise within the scope of aviation law, guiding them to seek answers, understand potential outcomes, and determine the next steps forward in a catastrophically altered life.
Gold Standard of Aviation Investigations
Following an aviation crash, the National Transportation Safety Board (NTSB) is tasked with identifying the probable cause of the incident and diligently seeking facts and answers surrounding the involved parties. Having worked parallel to NTSB investigations for decades, Clifford considers the NTSB the “gold standard” in aviation investigations, commending their diligence and accuracy in uncovering all details and evidence that may provide answers for families and support legal claims with substantial evidence.
“[The NTSB is] the gold standard in investigations. There’s no question about their integrity. There’s no question about their expertise.”
Understanding the NTSB Party System
While the NTSB’s investigative measures provide valuable services after a crash, Clifford highlights that the agency’s “party system” can create challenges for the victims’ families. This system effectively “locks out” these families from engaging in the ongoing investigation while designating specific organizations to manage elements of the investigation. The NTSB can recognize federal and independent entities, organizations, unions, and companies as “parties” within an investigation, but families are typically not included during the investigative stage. In the instance of American Airlines Flight 5342, American Airlines, PSA Airlines, the engine manufacturer, the US Army, the Airline Pilots Association, the flight attendants’ union, and the air traffic controller unions are considered parties. An appointed representative from each party will ultimately submit a factual report to the NTSB for analysis.
Emphasizing the need for transparency and accountability for everyone involved, Clifford hopes to see the NTSB assign a victims’ representative in investigations—whether an engineer or a technical expert—to ensure that victims’ rights are protected and “to make sure that nobody is putting their thumb on the scale.”
Proactive Involvement of Victims’ Families
Clifford notes that, despite their lack of involvement in the investigation, there are still ways for aviation accident lawyers and families to be proactively engaged as the NTSB investigation unfolds. He recommends that victims secure legal representation with access to expert witnesses or legal specialists relevant to the nature of their claims. The already complex dynamics of aviation investigations and litigation are heightened in incidents involving federal entities. Families face additional regulations and complicated timelines as they seek answers and potentially pursue lawsuits. An experienced personal injury law firm that understands federal liability related to aviation law can help families protect their rights and ensure their ability to pursue legal action.
Clifford continues that families and their lawyers can be proactive by preparing for future litigation by conducting independent investigations, building victim profiles, and helping families understand processes and legal options that may be presented following NTSB investigations.
“Will there be litigation here? Yes. There will be litigation. For a long time, there’s been discussion about the congestion at Reagan National and the commingling of commercial aircraft with operations by military aircraft and helicopters in particular.”
With a known international reputation in aviation litigation, some American Airlines Flight 5342 families have begun seeking legal advice from Clifford Law Offices. At least one family represented by the firm has filed pre-case claims against the Federal Aviation Administration (FAA) and the U.S. Army for the preventable death of their loved one. Clifford believes litigation in this case and more is to be expected.
Understanding Duty of Care and Liability in Aviation Accidents
Pursuing an aviation lawsuit involves proving a breach of duty of care. According to the law, common carriers—airlines, buses, taxis, metros, and Amtrak railroads—owe the highest duty of care to their passengers. This means that they must take every precaution to ensure passenger safety, and any failure to do so can be considered negligence.
Clifford illustrates the significance of the standard of care held to carriers: “That highest duty of care under the law means [common carriers] can’t run a yellow light. When you and I drive our cars, we’re in trouble if we run a red light or a stop sign. Well, they can’t run a yellow light.” Negligence can be established when one or more parties fail to maintain the duty of care owed to their passengers. Depending on the circumstances, multiple parties, including airlines, manufacturers, and government entities, can be held liable in an aviation claim.
“I don’t know what caused this crash, but I know who didn’t cause it, and those are the passengers in that aircraft.”
The unique factor in the American Airlines Flight 5342 case is that there has been a long-time discussion about the congestion in the airspace near Reagan National Airport and the commingling of commercial aircraft with operations by military aircraft and helicopters, including near misses. Clifford asks at what point American and PSA Airlines knew of these commingling issues and if that means being able to demonstrate their willful neglect of the environment and failure to ensure passenger safety.
Finding the Right Legal Representation for Aviation Litigation
Aviation law is a highly specialized field that demands a deep understanding of specific regulations, technical knowledge, and legal nuances. Securing legal representation that meets your family’s needs and the specifics of your claim is crucial for pursuing litigation that will help you reach justice and compensation.
Complications in an aviation case might include the application of international laws and statutes of limitations, third-party liability claims, multiple negligent parties, and action against the federal government—all elements that involve a specific understanding and application of legal actions to protect rights to litigation.
When filing a claim against a U.S. government entity, claimants must first file a government-issued “Form 95” under the Federal Tort Claims Act (FTCA) for property damage, personal injury, or wrongful death allegedly caused by a federal employee’s negligence or wrongful act occurring within the scope of the employee’s federal employment. Once filed, the government has six months to respond. If rejected or not acted upon within that time, claimants have the right in the next two years to file lawsuits in federal district court that would be heard by a judge. Failure to follow these steps can result in the inability to pursue legal action.
Chicago’s Top Aviation Team
The aviation team at Clifford Law Offices serves its clients with decades of complex aviation litigation experience, upholding the highest standards of professionalism and integrity and prioritizing client advocacy.
Kevin P. Durkin, partner at the firm, was named 2025 Lawyer of the Year in Aviation by Best Lawyers®, a title he has held for five years. Over the past four decades, Durkin has built a substantial reputation for his success in handling complex and high-profile aviation litigation and pursuing pivotal policy changes that have affected industry safety standards. Tracy A. Brammeier, partner at the firm, currently serves as the court-appointed Liaison Counsel for all plaintiffs in the lawsuit arising from the 2019 crash of Ethiopian Airlines Flight 302, a Boeing 737 MAX 8 airplane, which resulted in the deaths of 157 people.
Along with securing substantial compensation for the families they represent, Clifford Law Office’s aviation practice has fostered meaningful change in the industry by relentlessly litigating defective products and dangerous practices. The firm’s aviation team has held manufacturers and operators accountable and contributed to the creation of safer skies for the flying public.
To learn more about Clifford Law Offices’ aviation litigation history, results, and policy changes, view our aviation litigation brochure.