The family of a passenger who died in last month’s midair collision between a passenger jet and a military helicopter near Washington, D.C.’s Ronald Reagan National Airport has filed legal claims against the Federal Aviation Administration (FAA) and the United States Army, seeking $250 million in compensation for each claim. The crash killed all 64 aboard the American Airlines passenger jet, and three service members in the Blackhawk helicopter on Jan. 29 (per The Associated Press.)
American Airlines Flight 5342 from Wichita, Kansas was carrying 60 passengers and four crew members when it collided with an Army Black Hawk (made by Sikorsky) on a training exercise with three soldiers aboard as it approached Reagan National. The two aircrafts then plunged into the Potomac River, killing everyone on board the jet and helicopter.
According to Chicago-based lawyer, Robert Clifford, the claims were filed Tuesday by Rachel Crafton for “alleged wrongdoing” that led to the collision and death of her husband, passenger Casey Crafton, 40, of Salem, Connecticut. The filings were made under the Federal Tort Claims Act and are a required precursor to a lawsuit. If the FAA and Army either reject or do not act on the claims within six months, a civil wrongful death lawsuit can be filed in federal court.
The claims were based on public comments federal officials have made about the crash, including alleged understaffing at the air traffic control tower, the helicopter pilot flying above the 200-foot (61-meter) limit near the airport and communication lapses between air traffic control and the aircraft.
Clifford, who said he represents other crash victims’ families, said in an interview Wednesday: “The families are filing this to achieve their goal of taking the first step towards what the whole world knows will be eventual litigation against the FAA for its air traffic control and the U.S. Army relative to the operations of the helicopter.”
The FAA said Wednesday that it does not comment on potential litigation. Army spokesperson Maj. Montrell Russell said in a statement: “Out of respect for the deceased, their families, and the ongoing investigation, it is inappropriate for the Army to comment on any speculation regarding claims or potential litigation. Our primary focus is on supporting the families and ensuring the safety of our Soldiers and the public.”
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