First federal lawsuit filed against airlines, US for fatal DC plane-helicopter crash
A widow whose loved one died on American Airlines Flight 5342 in Washington, D.C., filed a lawsuit Wednesday against the airline, air traffic controllers and the U.S Army for wrongful death, according to their lawyers. It’s the latest lawsuit from families seeking damages relating to the fatal crash that shined a light on the workload put on air traffic controllers.
Rachel Crafton filed a 115-page wrongful death lawsuit in U.S. District Court on Wednesday against American Airlines, the U.S. Army, the Federal Aviation Administration and PSA Airlines, alleging they all failed to prevent the deadly crash that claimed 67 lives, including her 40-year-old husband, Casey. Her lawyers made the announcement during a Wednesday press conference and said her lawsuit will be a template for what other families will file.
Crafton’s brother-in-law, Dailey, who is Casey Crafton’s brother, shared her remarks at the press conference.
“The world was a better place because he was in it,” Dailey read. “Because of this avoidable tragedy, my young sons and I have to go through life without the love, support, guidance and laughter Casey gave to us on a daily basis.”
Casey Crafton and 66 other people died on Jan. 29 when an American Airlines flight collided with a U.S. Army Black Hawk helicopter as the American Airlines aircraft approached the Ronald Reagan Washington National Airport, or DCA. The National Transportation Safety Board is still investigating the crash.
The Clifford Law Firm is representing Crafton in the lawsuit. The office has experience in litigating against airlines, recently filing Crafton’s tort claim in February. She is seeking more than $75,000 in damages and a jury trial.
Attorney Bob Clifford said during a press conference that additional lawsuits are forthcoming on behalf of other families. Those lawsuits, he explained, cannot be filed until they file tort claims. Should that happen, he said the court will consolidate the litigation.
“Operators of commercial aircraft cannot run through yellow lights, and they ran blatantly for years, many red lights here,” Clifford said, adding that American and PSA airlines knew how congested the D.C. airspace was with both military and commercial flights.
He then pointed to the Federal Aviation Administration and the U.S. Army for not properly providing air traffic control and air safety, which he said also contributed to the fatal crash.
American, feds respond to litigation
American Airlines said in a statement to Straight Arrow News that the company’s CARE team has been assisting families of passengers and flight crew since the Jan. 29 crash. The company previously said the team is made up of volunteers from the airline who are trained to support passengers, other employees and families affected by airline-related incidents.
“Aviation safety requires multiple layers of compliance with detailed procedures, restrictions and operational standards across the full range of pilots and air traffic controllers,” the airline said. “Together, these layers have made the U.S. aviation industry the safest in the world.”
PSA Airlines, a subsidiary of American Airlines, didn’t immediately respond to SAN’s request for comment.
The FAA said in a statement to SAN it’s working closely with the NTSB to ensure families don’t experience a similar pain.
“Our hearts go out to the families who lost loved ones on that tragic January evening,” the agency said. “Since the accident, Secretary Duffy and the FAA have acted decisively to make the skies over our nation’s capital safer.”
U.S. Army Spokesman Maj. Montrell Russell wrote in an email to SAN that the Army won’t comment on the litigation out of respect for “the deceased, their families, and the ongoing investigation.”
“Our primary focus remains on supporting the families and ensuring the safety of our Soldiers and the public,” he wrote.
Crowded DC airspace
Lawyers wrote in the lawsuit that the D.C. airspace has long been known for being crowded, which required pilots and air traffic control to exercise extreme caution when operating or controlling aircraft near DCA.
“These Defendants, however, utterly failed in their responsibilities to the travelling public, specifically including the passengers on board AE 5342, in that, amongst other things, each aircraft flight crew failed to see and avoid the other,” lawyers wrote.
They added that the U.S. Army also failed to operate the Black Hawk at or below the mandatory altitude, and FAA employees failed to separate the two aircraft and issue alerts when they got into close proximity. Such a safety alert was used in mid-September when a Spirit Airlines flight got too close to Air Force One above New York’s Long Island.
“The Army crew negligently requested and accepted visual separation instructions from air traffic control without receiving sufficient information and/or instructions from air traffic control, including but not limited to AE 5342’s position, direction, type and intentions,” lawyers wrote.
According to CNN’s Jan. 31 report, air traffic control operators requested if the Black Hawk pilots can see the American plane, then ordered them to pass behind the commercial flight. A helicopter pilot shortly requested ATC for visual separation after noticing the flight. A video CNN obtained appeared to show the pilot didn’t take evasive action.
According to NTSB’s preliminary report on the crash, DCA experienced monthly near-collision events from 2011 through 2024. About two-thirds happened at night.
The agency reviewed 944,179 flight departures and arrivals between October 2021 and December 2024, and found 15,214 occurrences where commercial aircraft had a lateral separation of less than 6,077 feet (or one nautical mile).
After the crash, the FAA prohibited air traffic below 18,000 feet mean sea level over the Potomac River near DCA, except for presidential, lifesaving medical, active law enforcement or air defense aircraft. If those flights were needed, civilian air travel would be prohibited until cleared.
“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,” Dailey read from Rachel Crafton’s statement, “and no other families have to live with the pain we have to endure each day without Casey.”
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Ella Rae Greene, Editor In Chief
