The family of a man killed in January’s midair collision near Washington, DC, has filed a lawsuit against American Airlines, regional jet operator PSA Airlines, and the federal government.
Rachel Crafton, whose husband Casey was a passenger on the plane, filed the suit Wednesday, alleging wrongful death and negligence. It is the first federal lawsuit stemming from the collision between an Army Black Hawk helicopter and American Eagle flight 5342 over the Potomac River, an incident that killed 67 people.
The lawsuit argues that the defendants knew or should have known the aircraft was flying through one of the busiest airspaces in the United States, which presented known safety risks, including the possibility of a midair collision. It claims the Army helicopter flew too high and that pilots of both aircraft “utterly failed in their responsibilities” to see and avoid the other.
Furthermore, the suit alleges that American Airlines “manipulated and abused” the airport’s arrival rate system to schedule more flights per hour, “despite its knowledge that doing so severely limited the margins for safety.”
In response, American Airlines stated that it continues to “mourn the lives lost in the tragic accident” but asserted that the blame rests with the military. “Flight 5342 was on a routine approach to DCA when the Army helicopter — that was above the published helicopter route altitude — collided with it,” the airline said. “We continue to support the ongoing NTSB investigation and will defend American and PSA Airlines against any legal action claiming the airline caused or contributed to this accident.”
The lawsuit also questions the passenger jet pilots’ decision to accept an offer from air traffic control to land on the “more difficult” runway 33 after planning for runway 1. “I really don’t want to but I guess uhhh tell ‘em—,” the captain told the first officer, according to the suit. “It’s fine we got the numbers… we’ll do 33.”
Tim Lilley, father of the flight’s first officer, Sam Lilley, released a statement clarifying that his family did not participate in the lawsuit. “Everyone who lost a loved one in the January 29 accident has the right to pursue the path they feel is best,” he said. “We respect those choices while standing united in the shared goal of making sure no family ever suffers through such a preventable tragedy again.”
The National Transportation Safety Board’s investigation has not yet determined a probable cause for the collision. A final report is expected to be released when the investigation concludes in January.
Casey Crafton, an aviation professional who worked as a mechanic and later as a technical service manager, was a “devoted father and husband,” his wife said in a statement. “Our lives were shattered in a moment, and the grief has been unimaginable,” she said. “Casey was betrayed by this system he trusted. We are taking legal action because the accountability of American Airlines, PSA Airlines, and the Army and FAA is the only way to ensure this never happens again.”
This summer, the NTSB held three days of public hearings to investigate the crash, examining audio from the helicopter, air traffic control training, and key organizational structures. The Army’s role has been a central point of discussion, with victims’ families previously expressing that the military had not taken sufficient responsibility.
In July, Senator Ted Cruz introduced a bill that would require aircraft operators to install and use anti-collision technology. The helicopter involved in the crash was not broadcasting its tracking data, which was permitted under an Army rule at the time.
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