Attorney Michael Rehm - (916) 233-7346
The Sacramento region is home to three active military aviation installations: Beale Air Force Base (U-2 and RQ-4 Global Hawk operations), McClellan Business Park (KMCC, formerly McClellan Air Force Base, now used for military training and reserve operations), and Mather Airport (KMHR, home to Air National Guard and USAF Reserve units). Military aircraft — fighters, tankers, cargo aircraft, and unmanned systems — regularly operate over populated Sacramento neighborhoods, regional highways, and the Sacramento River corridor. When a military aircraft accident injures or kills a civilian, the legal path is strictly defined by federal statute. Attorney Michael Rehm represents civilians and family members in claims arising from military aviation accidents throughout the Sacramento region.
Cases are handled on a contingency fee basis. No fee without a recovery.
The Federal Tort Claims Act
The United States has not waived sovereign immunity for aviation accidents except as provided in the Federal Tort Claims Act (28 U.S.C. §§ 2671–2680). The FTCA allows civilians to sue the federal government for negligent acts of federal employees acting within the scope of employment. A military pilot who causes a crash through negligence is a federal employee acting within the scope of employment — the United States is the proper defendant, not the individual pilot. FTCA claims must be filed with the appropriate federal agency (Air Force, Army, Navy) within two years of the accident using Standard Form 95. The agency has six months to respond; if denied or ignored, suit may be filed in federal district court.
The Feres Doctrine
In Feres v. United States (1950) 340 U.S. 135, the Supreme Court held that the FTCA does not permit suits by active-duty military personnel for injuries that are incident to military service. The government may raise the Feres doctrine as a defense in cases involving active-duty military claimants. Whether Feres applies turns on the specific relationship between the claimant and the military at the time of the injury — it does not bar claims by civilians, contractors, dependents not on active duty, or veterans injured outside service. A civilian on the ground struck by a military aircraft has a straightforward FTCA claim unaffected by Feres.
The Discretionary Function Exception
The FTCA does not waive immunity for claims arising from discretionary functions of government employees. 28 U.S.C. § 2680(a). The government may argue that the flight route, mission planning, or operational decisions involved discretionary policy judgments shielded from liability. Whether the exception applies depends on whether the conduct involved policy-level judgment calls or operational-level execution failures. Pilot error in aircraft control is typically operational, not discretionary.
Civilian Claims in the Sacramento Region
Military aircraft accidents over populated areas have historically caused civilian casualties through crashes, debris, and fuel jettison. Sacramento area residents within flight corridors of Beale AFB, McClellan, and Mather have FTCA claims available when military aviation negligence causes harm. Noise-induced hearing loss claims, property damage claims, and personal injury claims from military aviation incidents all proceed under the FTCA framework.
Related Pages
- Sacramento Aviation Accident Attorney
- Sacramento Helicopter Accident Attorney
- Sacramento Air Ambulance Accident Attorney
- Sacramento Auto Accident Attorney
- California Aviation Accident Attorney
Attorney Michael Rehm represents military aviation accident victims throughout Sacramento County and Northern California on a contingency fee basis. No fee without a recovery. Call (916) 233-7346 to arrange a free consultation.
The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.