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The U.S. government acknowledged in court filings Wednesday that its failures contributed to the January midair collision between a passenger jet and an Army helicopter near Ronald Reagan Washington National Airport that killed 67 people.
In a filing responding to wrongful-death lawsuits, government attorneys admitted that federal agencies breached their duty of care in the Jan. 29 crash between American Eagle Flight 5342 and an Army Black Hawk helicopter during the jet’s approach to the airport.
“The United States admits that it owed a duty of care to Plaintiffs, which it breached, thereby proximately causing the tragic accident,” government lawyers wrote.
The admission marks a significant development in litigation brought by families of the victims and shifts the focus toward damages, even as the National Transportation Safety Board continues its investigation into the cause of the collision.
Lawsuits allege avoidable tragedy
The lawsuits were filed against American Airlines, PSA Airlines — which operated the American Eagle flight — and the U.S. government. Plaintiffs have described the collision as a “wholly avoidable tragedy” in one of the nation’s most congested air corridors, pointing to previous near-miss incidents around Reagan National.
Robert A. Clifford, an attorney representing Rachel Crafton, whose husband Casey died in the crash, said the government’s filing amounts to an admission of systemic failures.
“The United States admits the Army’s responsibility for the needless loss of life in the crash of an Army helicopter and American Airlines Flight 5342, as well as the FAA’s failure to follow air traffic control procedure,” Clifford said.
American Airlines and the Federal Aviation Administration declined to comment Wednesday. The Army did not immediately respond to a request for comment.
Conflicting claims of responsibility
In its filing, the government said the Black Hawk pilots “failed to maintain vigilance so as to see and avoid other aircraft,” calling that failure a direct cause of the crash. The government also said the American Eagle pilots similarly failed to maintain visual awareness of the helicopter.
The filing also acknowledged that an air traffic controller did not comply with a Federal Aviation Administration order regarding visual separation of aircraft.
However, the government denied broader allegations that air traffic control failed to monitor the helicopter’s flight path or failed to warn that it was flying too high.
American Airlines and PSA Airlines have moved to dismiss the claims against them, arguing that federal law gives the government exclusive authority over aviation safety.
In court papers, American’s attorneys wrote that the airline is not accused of violating any federal standard and that responsibility rests with federal regulators.
The parents of Sam Lilley, the first officer aboard Flight 5342, forcefully rejected any suggestion that the plane’s crew was at fault.
“We stand by the facts presented at the NTSB’s investigative hearing,” Tim and Sheri Lilley said in a statement. “Captain Jonathan Campos and our son complied with all required federal procedures and industry-standard operating practices. They did everything right the night of January 29.”
Regulatory response
The National Transportation Safety Board continues to investigate the crash. In March, NTSB Chair Jennifer Homendy urged the FAA to sharply limit helicopter operations near the airport.
The FAA subsequently imposed permanent restrictions on “non-essential helicopter operations” around Reagan National, known as DCA, and eliminated mixed helicopter and fixed-wing traffic in the same airspace. Those measures were announced March 15.
On Wednesday, the Senate approved the Rotorcraft Operations Transparency and Oversight Reform Act, or ROTOR Act, aimed at strengthening safety rules and oversight following the crash.
Transportation Secretary Sean Duffy said the changes have already made the airport safer.
“Eliminating the mixing of helicopter and fixed-wing air traffic has made this airport safer,” Duffy said in a social media post. He said the ROTOR Act would further improve communication protocols between aircraft.
The legislation now heads to the House of Representatives.
