“The crash of American Eagle 5342 was predictable, it was preventable and caused the needless loss of 67 lives on that fateful evening,” said attorney Bob Clifford, who is representing the families involved in the lawsuit.
Family members of passengers killed aboard American Airlines Flight 5342, which crashed into the Potomac River after colliding with a military helicopter, have filed a federal lawsuit naming the airline, the government, and the U.S. Army as defendants.
According to ABC News, the lawsuit was filed earlier this week in a Washington, D.C.-based federal court. It seeks to hold the defendants liable for “wrongful death and survival claims, jointly and severally,” for their alleged role in causing the fatal crash.
“The crash of American Eagle 5342 was predictable, it was preventable and caused the needless loss of 67 lives on that fateful evening,” said attorney Bob Clifford, who is representing the families involved in the lawsuit.
The lead plaintiff in the claim, Rachel Crafton, lost her husband in the crash.
“Casey was a devoted father and husband, and we built a beautiful life together,” Crafton said in a statement. “Our lives were shattered in a moment, and the grief has been unimaginable.”
The crash occurred on January 29, after Flight 5342 has begun its descent into Ronald Reagan National Airport, which is located about five miles south of D.C. on the western bank of the Potomac River. Preliminary investigations suggest that the Black Hawk had an improperly-configured or otherwise faulty altimeter, leading its pilots to inadvertently stray outside of their designated airspace.
In total, all 64 people aboard Flight 5342, including crew and passengers, died in the collision.
Attorneys for the victims, along with regulators and watchdogs, have all argued that heavy air-traffic congestion around Ronald Reagan National Airport was a longstanding, often-ignored problem. Before the January crash, helicopters were a common sight along U.S. Route 1 in Northern Virginia, a roadway that largely runs parallel to the Potomac and was frequently used as a navigation landmark.
The lawsuit alleges that near-misses between commercial aircraft and helicopters were common in the airspace around the airport—a fact that American Airlines purportedly knew, yet never took reasonable measures to address.
“Operators of a motor vehicle can’t run through a red light. Operators of a commercial aircraft cannot run through yellow lights, and they ran blatantly for years, many red lights here by allowing these planes to operate in the navigable space at DCA, knowing that there was massive congestion, that there was a massive intersection between military traffic regarding runways that were unique and required special training that they failed to provide to their pilots, the complaint against American is set out in a way that emphasizes their responsibility,” Clifford said in a statement.
In her own prepared remarks, Crafton said the blame for her death—along with her husband’s fellow passengers, and the three U.S. Army personnel aboard the Black Hawk—lies with institutions that never have really prioritized safety.
“Because of systematic failures and reckless disregard for safety, his life, along with 66 others, was taken,” Crafton said. “Casey was betrayed by this system he trusted—we all were. As his wife, I cannot stand by and allow his life to be lost in vain.”
At the press conference announcing the lawsuit, several dozen family members of other victims were in attendance, showing their support for Crafton’s claim.
“Many of us have been asked whether we dread the idea of rehashing the worst days of our lives in court,” said Doug Lane, whose wife Christine Conrad Lane and son Spencer Seojin Lane died in the crash. “We are here to see this process through, however long it takes, to ensure that our family members have a lasting legacy that makes the world safer for everyone who flies.”
The accident was the first fatal mid-air collision in the United States since 2009.
American Airlines, for its part, told ABC News in a statement that it has “a strong track record of putting the safety of our customers and team members above everything else. We continue to support the ongoing [National Transportation Safety Board] investigation and will defend American and PSA Airlines against any legal action claiming the airline caused or contributed to this accident.”
Brett Shumate, an assistant attorney general with the U.S. Department of Justice’s Civil Division, offered a somewhat more measured response, indicating that the government wishes to resolve the case on the basis of fact.
“While the Justice Department does not typically comment on ongoing litigation, this lawsuit arises out of a local and national tragedy in which 67 people lost their lives right here in the Nation’s capital,” Shumate said. “Our hearts continue to be with the families. The Department will pursue a just resolution of this matter that follows the facts, the law, and provides fair compensation to the victims of this tragedy.”
Sources
Family of DCA Plane Crash Victim Files Lawsuit Against American Airlines, U.S. Army
Victim’s widow files the first lawsuit after January’s D.C.-area midair crash
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