- Deadliest U.S. plane crash in more than two decades killed elite young figure skaters
- Filing says helicopter pilots failed to maintain vigilance to see and avoid passenger jet
- Government was on notice of 85 near misses in three years before the crash
WASHINGTON, D.C. (TDR) — The U.S. government admitted Wednesday that an air traffic controller and Army helicopter pilots played a role in causing the Jan. 29 collision between an airliner and a Black Hawk near the nation’s capital that killed 67 people.
It was the deadliest plane crash on American soil in more than two decades. Among those killed were elite young figure skaters, their parents, and coaches returning from the U.S. Figure Skating Championships in Wichita, Kansas.
The admission came in a 209-page court filing responding to the first lawsuit filed by a victim’s family.
‘Failure to Maintain Vigilance’
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The filing stated that the Army helicopter pilots’ “failure to maintain vigilance so as to see and avoid” American Eagle Flight 5342 makes the government liable.
“The United States admits that it owed a duty of care to Plaintiffs, which it breached, thereby proximately causing the tragic accident.”
The Department of Justice also admitted that an air traffic controller in the tower “did not comply” with an FAA order governing air traffic control procedure.
Attorney Robert Clifford, representing the family of victim Casey Crafton, said the government admitted “the Army’s responsibility for the needless loss of life.”
An ‘Accident Waiting to Happen’
CLICK HERE TO READ MORE FROM THE THE DUPREE REPORT
The National Transportation Safety Board will release its final report early next year, but investigators have highlighted multiple contributing factors.
The Black Hawk was flying 78 feet higher than its 200-foot limit on a route that allowed only scant separation between landing planes and helicopters passing below.
The government admitted it “was on notice of certain near-miss events” between Army Black Hawks and aircraft near Washington. The FAA failed to recognize dangers around the busy airport even after 85 near misses in the three years before the crash.
Before the collision, the controller twice asked if the helicopter pilots had the jet in sight. They said they did. FAA officials later acknowledged controllers had become overly reliant on visual separation — a practice since ended.
Blame Game Continues
While accepting liability, the government suggested others may have played a role — including the jet’s pilots and the airlines.
The lawsuit also named American Airlines and regional partner PSA Airlines, which operated the flight. Both have filed motions to dismiss, with American’s lawyers arguing that “plaintiffs’ proper legal recourse is not against American.”
The parents of First Officer Sam Lilley defended their son, stating that he and Captain Jonathan Campos “complied with all required federal procedures.”
Grieving Families Seek Answers
The collision occurred at 8:48 p.m. when the three-person Black Hawk crew, on a training mission, flew into the path of the regional jet approaching Reagan National Airport. The plane carried 60 passengers and four crew members.
Investigators said the helicopter pilots may not have realized how high they were because their barometric altimeter was reading 80 to 100 feet lower than actual altitude.
“These families remain deeply saddened and anchored in the grief caused by this tragic loss of life.”
With the government now admitting fault, will accountability bring closure to families forever changed by America’s deadliest aviation disaster in decades?
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