The wife of a Connecticut man who died in last month's collision between a passenger jet and a military helicopter near Washington, D.C.’s Ronald Reagan National Airport has filed what are believed to be the first legal claims over the crash that killed 67 people.
The claims by Rachel Crafton were filed Tuesday against the Federal Aviation Administration and the U.S. Army, with each seeking $250 million for alleged wrongdoing that led to the collision and death of Casey Crafton, 40, of Salem, Connecticut, according to her Chicago-based lawyer, Robert Clifford.
The filings were made under the Federal Tort Claims Act and are a required precursor to a lawsuit. If the FAA and Army either reject or do not act on the claims within six months, a civil wrongful death lawsuit can be filed in federal court.
“The families are filing this to achieve their goal of taking the first step towards what the whole world knows will be eventual litigation against the FAA for its air traffic control and the U.S. Army relative to the operations of the helicopter," Clifford said in an interview Wednesday.
Clifford, who said he represents other crash victims' families, said the claims were based on public comments federal officials have made about the crash, including alleged understaffing at the air traffic control tower, the helicopter pilot flying above the 200-foot (61-meter) limit near the airport and communication lapses between air traffic control and the aircraft.
Clifford also sent letters to American Airlines, Sikorsky Aircraft and Collins Aerospace demanding that they preserve any evidence relating to the crash.
In a statement, the Army declined to comment on the filing Wednesday.
“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," Army spokesperson Maj. Montrell Russell said. "Our primary focus is on supporting the families and ensuring the safety of our Soldiers and the public.”
The FAA said Wednesday that it does not comment on potential litigation.
On Jan. 29, American Airlines Flight 5342 was coming in from Wichita, Kansas, carrying 60 passengers and four crew members, as it approached Reagan National to land on a clear Wednesday night. At the same time, an Army Black Hawk, made by Sikorsky, was on a training exercise with three soldiers aboard. The two aircraft collided and plunged into the Potomac River, killing everyone on board the jet and helicopter.
It was the deadliest plane crash in the U.S. since 2001, when a jet slammed into a New York City neighborhood just after takeoff, killing all 260 people on board and five more on the ground.
Investigators have said the helicopter may have had inaccurate altitude readings in the moments before the crash, and the crew may not have heard key instructions from air traffic controllers. The collision likely occurred at an altitude just under 300 feet (91 meters), as the plane descended toward the helicopter, which was well above its 200-foot (61-meter) limit for that location.
Clifford also cited an FAA report that said the air traffic control staffing “was not normal” at the time of the crash. One air traffic controller was responsible for both coordinating helicopter traffic and arriving and departing planes, when those duties are often divided between two controllers, the report said. But the airport typically combines those roles at night when traffic begins to slow.
Casey Crafton was a technical support manager for an aviation consulting firm who was returning from a business trip to Wichita when he died. He and Rachel Crafton had three young sons, ages 7, 10 and 12, and he coached their youth soccer and baseball teams.
"They will be grieving him for the rest of their lives that will never be the same,” Clifford said. “This crash involves complex matters, and the family deserves answers as to what happened to their loved one.”
