Family of DC Plane Crash Victim Files $250 Million Claims Against FAA and Army
An attorney representing the family has sent notices to corporate aviation companies to ensure that all evidence is preserved in anticipation of possible lawsuits.
The family of a passenger who lost their life in a midair collision near Washington, D.C., has submitted claims of $250 million each against the Federal Aviation Administration (FAA) and the U.S. Army on February 18.
Casey Crafton, 40, from Salem, Connecticut, was among the 67 fatalities when American Airlines Flight 5342 collided with a U.S. Army Black Hawk helicopter over the Potomac River close to the Reagan National Airport on January 29.
Robert A. Clifford, founder and senior partner of Clifford Law Offices, filed the pre-litigation claims on behalf of Crafton’s widow, Rachel, and their three young sons.
The claim accuses federal employees, particularly the FAA, of negligence related to possible air traffic control failures, and the U.S. Army regarding the operation of the military helicopter. The National Transportation Safety Board (NTSB) reported that the staffing levels in the air traffic control tower were “not normal” during the collision and there were communication breakdowns between air traffic control and the aircraft.
Clifford Law Offices has also sent preservation requests to American Airlines, its regional carrier PSA, Sikorsky Aircraft, and Collins Aerospace, instructing them to retain all evidence associated with the crash.
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The firm indicated that it is adopting a cautious strategy regarding lawsuits, waiting for the NTSB’s preliminary report, which is anticipated within 30 days of the accident.
The press release clarifies that the procedure for claims against the government differs from standard civil lawsuits; the government has six months to respond to the claims. If a response is either a rejection or remains pending, the plaintiffs can file lawsuits in federal district court within the subsequent two years. Such cases will be adjudicated by a judge since jury trials are not permitted in civil wrongful death claims against the government.
Clifford, who is also acting as lead counsel in the ongoing litigation against Boeing for the 2019 Ethiopian Airlines crash involving a 737 MAX 8, acknowledged that this latest incident presents complexities, and the families of the victims are entitled to answers.
“This crash raises intricate issues, and the family deserves to know what happened to their loved one,” he remarked.
The law firm is currently examining potential allegations of willful neglect by airlines related to ongoing congestion problems between commercial aircraft and helicopters in the airspace surrounding Reagan National Airport.
Clifford pointed out, “It has been recognized for some time that significant congestion issues exist between commercial airplanes at that airport and military helicopters.”
Rachel Crafton, Casey Crafton, and their three sons. Courtesy of Crafton family, via Clifford Law Offices
Crafton, who pursued a degree in aviation management at Bob Jones University, was returning from a business trip in Wichita, Kansas, where he worked as a technical support manager for Guardian Jet, an aviation consulting firm.
Both the FAA and the U.S. Army have responded to media inquiries about the claims, stating they cannot comment on potential litigation.
