Family of DC Midair Collision Victim Files $250M Claims Against U.S. Government

The family of Casey Crafton, a passenger killed in the January 29 midair collision between an American Airlines regional jet and a U.S. Army Black Hawk helicopter, has filed personal injury and wrongful death claims totaling $250 million against the federal government. The claims were submitted to both the Federal Aviation Administration (FAA) and the U.S. Army, alleging negligence in the tragic accident that resulted in 67 fatalities.

Crafton, a 40-year-old Connecticut resident, was among the passengers on the Bombardier CRJ700 operated by American Airlines subsidiary PSA Airlines when it collided with the military aircraft. The claims were brought forward by Crafton's widow, Rachel, and their three children.

The Legal Basis of the Claims

The family’s attorneys have filed Standard Form 95 claims under the Federal Tort Claims Act, a mechanism used to seek damages from the U.S. government for property damage, personal injury, or death caused by the negligence or wrongful actions of federal employees acting within their scope of employment.

The FAA and the Army now have six months to either settle or deny the claims. If no resolution is reached within that period, the family may proceed with filing lawsuits in federal court, according to Clifford Law Offices, which represents the Crafton family.

"Casey was an incredible human being. He was a giver. He was a loving husband and father. He enjoyed coaching his boys on their youth soccer and Little League baseball teams. They will be grieving him for the rest of their lives that will never be the same," said Robert A. Clifford, founder and senior partner of Clifford Law Offices.

Ongoing Investigation and Government Response

The National Transportation Safety Board (NTSB) is conducting an investigation into the accident. NTSB Chair Jennifer Homendy revealed that preliminary flight data and cockpit voice recordings indicate the Black Hawk helicopter may not have received crucial air traffic control instructions. Additionally, investigators are looking into whether the aircraft's altimeters were providing incorrect altitude readings.

The FAA has not commented on the claims, stating that it does not discuss pending litigation. Meanwhile, the U.S. Army has expressed its condolences but declined to speculate on liability. "Out of respect for the deceased, their families, and the ongoing investigation, it is inappropriate for the Army to comment on any speculation regarding claims or potential litigation. Our primary focus is on supporting the families and ensuring the safety of our soldiers and the public," said Army spokesperson Maj. Montrell Russell.

The Potential for Broader Air Traffic Control Reform

In response to the collision, the FAA has imposed new restrictions on helicopter traffic in the airspace over the Potomac River near Ronald Reagan Washington National Airport. Exceptions remain for medical, law enforcement, air defense, and presidential transport operations.

Additionally, the federal government is considering long-term reforms to the air traffic control system. U.S. Transportation Secretary Sean Duffy stated on social media that the administration is looking to expedite modernization efforts, with SpaceX personnel expected to visit the Air Traffic Control System Command Center in Virginia to evaluate current systems and propose improvements.

What’s Next?

If the government rejects the claims or fails to respond within six months, the Crafton family is expected to escalate the matter by filing lawsuits in federal court. Given the potential implications for air traffic safety policies and military aviation protocols, this case could have significant legal and regulatory consequences.

The Crafton family's attorneys will likely argue that the FAA and the Army were negligent in managing airspace coordination and preventing the fatal collision. The outcome of the NTSB investigation will play a crucial role in shaping the legal proceedings, as findings on air traffic control failures or pilot errors could bolster the family's claims.

Law Firms Involved

The Crafton family is represented by Clifford Law Offices, a firm known for its work in aviation accident litigation. The federal government will likely be defended by attorneys from the U.S. Department of Justice.

As investigations continue and legal actions unfold, this case could set a precedent for future aviation accident claims against government agencies.