Last month, a tragic plane crash near Washington claimed the lives of 67 individuals. Now, the family of one victim, Casey Crafton, is taking legal action by filing two claims against the federal government. This marks the start of what could be a lengthy and complicated legal battle.
Representing the Crafton family, attorney Robert A. Clifford announced that these claims are the first lodged against the U.S. government concerning the collision. Furthermore, Clifford has requested that several companies tied to the incident preserve relevant evidence.
In a recent interview, Clifford emphasized the need for accountability, stating, “While I can’t pinpoint who exactly caused this crash, I can affirm that it wasn’t the passengers. The families deserve answers.” He added that the tragedy was something that could have been avoided.
The crash took place on the evening of January 29, involving a collision between an Army Black Hawk helicopter and American Airlines Flight 5342 near Ronald Reagan National Airport. Both aircraft ended up in the icy waters of the Potomac River, resulting in no survivors. This tragic event stands as the most severe plane crash in the U.S. in nearly 25 years.
While the exact cause of the crash remains undecided, the National Transportation Safety Board (NTSB) is conducting a federal investigation. Early indications suggest potential miscommunications from an air traffic controller to the helicopter pilots. Aviation specialists predict multiple safety lapses will emerge, as is often the case in air disasters.
The claims filed by Casey’s wife, Rachel, and their three sons invoke the Federal Tort Claims Act, which allows individuals to pursue the government for damages resulting from property loss, personal injury, or death. One claim targets the Federal Aviation Administration (FAA), responsible for managing air traffic control, and the other is against the Army. Both seek $250 million, serving as a cap for this claim, as described by Clifford.
If the FAA and Army dismiss these claims or don’t respond within six months, the family can escalate the matter to federal court. As of now, neither the FAA nor the Army has responded to inquiries for comments.
Clifford indicated plans to postpone decisions regarding lawsuits against any involved companies until the NTSB provides a preliminary report. The agency expects to release this report in the coming weeks, though a final cause determination will take one to two years.
In the meantime, Clifford is contemplating similar legal actions on behalf of other victims’ families. He is also representing families affected by a Boeing 737 Max crash in Ethiopia in 2019. Additionally, Clifford has asked several companies, including American Airlines, PSA Airlines (the operator of the plane), Sikorsky Aircraft (a Lockheed Martin subsidiary manufacturing the Black Hawk helicopter), and Collins Aerospace (a provider of aircraft components) to retain any pertinent evidence related to the recent crash.
Clifford pointed out that airlines are ultimately accountable for passenger safety, especially given the growing safety concerns at Reagan National Airport, such as congestion and near-misses. He stated, “We believe the airlines were aware of these near misses and potential dangers, and as common carriers, both American and PSA are obliged to uphold the highest duty of care.”
American Airlines has yet to respond to a request for comment.
On the night of the crash, the helicopter crew requested permission from an air traffic controller to use visual separation, enabling pilots to maintain distance from a nearby aircraft by keeping it in sight. Though permission was granted, questions persist about whether the instructions left room for misinterpretation, or if the helicopter crew misfocused on a different plane.
At a news conference last week, the NTSB highlighted instances suggesting potential communication lapses between the helicopter crew and the air traffic controller. This incident underscores broader concerns about the air traffic control system, which has faced increasing strain and chronic understaffing.
Crafton, aged 40, was from Connecticut and had studied aviation management at Bob Jones University, where he met his wife. On the fateful night of the crash, he was returning home from a business trip in Wichita, Kansas.
