US government admits negligence in helicopter-plane collision that killed 67

According to Rokna, citing The Guardian, in an official response submitted on Wednesday to the first lawsuit filed by relatives of one of the victims, the government stated that it bears legal responsibility for the January crash involving a commercial airliner and a Black Hawk helicopter near the US capital. The collision was the deadliest aviation disaster on American soil in more than 20 years.

According to the filing, government liability stems in part from an air traffic controller’s violation of procedures governing when pilots may be relied upon to maintain visual separation. The document also cites the army helicopter pilots’ “failure to maintain vigilance so as to see and avoid” the passenger jet as a contributing factor.

However, the response indicated that responsibility may extend beyond government agencies, suggesting that the airline jet’s pilots and the airlines involved could also have played a role. The lawsuit names American Airlines and its regional affiliate, PSA Airlines, both of which have filed motions seeking dismissal from the case.

Officials said at least 28 bodies were recovered from the icy Potomac River after the helicopter apparently crossed into the flight path of the American Airlines regional jet as it was landing at Ronald Reagan National Airport in northern Virginia, across the river from Washington, DC. The aircraft was carrying 60 passengers and four crew members, while three soldiers were aboard the helicopter.

Robert Clifford, an attorney representing the family of victim Casey Crafton, said the government acknowledged “the Army’s responsibility for the needless loss of life” as well as the FAA’s failure to adhere to air traffic control protocols, while also “rightfully” recognizing the roles of American Airlines and PSA Airlines.

He added that the victims’ families “remain deeply saddened and anchored in the grief caused by this tragic loss of life.”

Government attorneys wrote in the filing that “the United States admits that it owed a duty of care to plaintiffs, which it breached, thereby proximately causing the tragic accident.”

An American Airlines spokesperson declined to comment on the filing. In its motion to dismiss, the airline argued that “plaintiffs’ proper legal recourse is not against American. It is against the United States government,” and urged the court to remove the company from the lawsuit. The airline said it has focused on supporting the victims’ families since the crash.

The National Transportation Safety Board is expected to release its final report on the cause of the crash early next year. However, investigators have already identified several contributing factors, including the helicopter flying 78 feet (24 meters) above the permitted 200-foot (61-meter) limit on a route with minimal separation between landing aircraft and passing helicopters.

The NTSB also said the FAA failed to adequately address risks at the busy airport despite 85 near-miss incidents recorded in the three years leading up to the crash.

Prior to the collision, the air traffic controller twice asked the helicopter pilots whether they had the jet in sight. The pilots confirmed they did and requested approval for visual separation, allowing them to rely on their own observation to maintain distance. FAA officials later acknowledged during NTSB hearings that controllers at Reagan had become overly dependent on visual separation, a practice the agency has since discontinued.

Witnesses told investigators they questioned whether the helicopter crew could effectively see the aircraft while using night vision goggles and whether the pilots were looking in the correct direction.

Investigators also said the helicopter pilots may not have been aware of their true altitude because the barometric altimeter they relied on was reading 80 to 100 feet (24 to 30 meters) lower than the altitude recorded by the flight data recorder.

Among the victims were a group of elite young figure skaters, along with their parents and coaches who had recently attended a competition in Wichita, Kansas, as well as four union steamfitters from the Washington metropolitan area.