F-16 crash prompts evacuations near Traverse City

An F-16 fighter jet crashed during a training flight Thursday, Sept. 17, prompting an evacuation order within a mile of the crash site.

The plane went down near County Road 633 and Blair Townhall Road in Blair Township, according to Grand Traverse County emergency officials. Michigan State Police said the pilot ejected and was in stable condition at a local hospital. No other injuries had been reported in the afternoon update.

The aircraft belonged to the 149th Fighter Wing of the Texas Air National Guard. The Texas Military Department said it was flying a routine training mission from the Air National Guard’s Combat Readiness Training Center in Alpena.

In its evacuation announcement, Grand Traverse County Emergency Management instructed people within a mile of the site to leave and travel away from the intersection of County Road 633 and Jefferson Place.

The evacuation followed an earlier shelter order for County Road 633 between Jefferson Place and Blair Townhall Road. That order had directed residents to stay indoors and close windows and vents. Traffic was shut down near the crash scene, and officials asked people to avoid the area.

Wendy Sobeck, who lives near the crash site, described what she heard and saw to The Associated Press.

“We thought there was a car accident outside our house. We saw big billowing black smoke,” she said.

Her husband, Fred Sobeck, 65, said he saw a fireball in a field near a house and camper that had not been hit. He said police told him to leave because of explosions.

The crash remained under investigation.

Civilian injury and property claims after a military aircraft crash

Civilians injured or whose property is damaged by a military aircraft may have a claim against the United States. The applicable process depends on the military personnel’s duty status, the activity involved and how the harm occurred.

The Federal Tort Claims Act allows certain claims for injury or property damage caused by negligent or wrongful conduct of covered government personnel acting within their duties. Under 28 U.S.C. § 1346(b), liability generally depends on whether a private person would be liable under the law where the conduct occurred. A crash alone does not establish negligence.

National Guard members performing certain federally authorized training or duties are included in the law’s definition of government employees. Their legal duty status matters when identifying the correct claims process.

A separate administrative process can apply to qualifying losses from noncombat military activities under the Military Claims Act or National Guard Claims Act. For these programs, noncombat activities are distinctly military activities with little civilian equivalent, outside combat, war or armed conflict. The Air Force’s claims regulations allow certain noncombat claims without proof of negligence. Claimants still must establish that the covered military activity caused their injury or property loss and satisfy the applicable eligibility rules.

Filing a federal claim and meeting the deadlines

A claim under the Federal Tort Claims Act should be filed in writing to the appropriate federal agency within two years after the claim arises. A separate deadline generally requires a lawsuit within six months after the agency mails a final denial by certified or registered mail. Those deadlines appear in 28 U.S.C. § 2401(b).

The agency must receive a signed claim describing the incident and requesting a specific dollar amount.

A claimant must complete the required agency process before suing. Federal law permits suit after a final denial or allows the claimant to treat six months without a final agency decision as a denial. These lawsuit rules should not be assumed to apply to every separate military claims program.

Get help from Michigan Legal Center

Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates assists people with serious personal injury claims.

If you or a family member was injured in a military aircraft incident, Contact Michigan Legal Center to ask whether the matter falls within Michigan Legal Center’s practice areas.

There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.