(WASHINGTON) — Family members of one of those killed on American Airlines Flight 5342 announced the first federal lawsuit filed Wednesday over the January midair collision between a regional jet and a U.S. Army Black Hawk helicopter near Washington Reagan National Airport.
The lawsuit filed in federal district court in Washington alleges “wrongful death and survival claims, jointly and severally” against American Airlines and PSA Airlines — a regional carrier operating the flight for American — as well as the Federal Aviation Administration and the Army for what the suit calls their acts and omissions.
“The crash of American Eagle 5342 was predictable, it was preventable and caused the needless loss of 67 lives on that fateful evening,” Bob Clifford, one of the attorneys representing the families, said at a news conference.
All 67 people on board Flight 5342 and the helicopter were killed when they collided as the jet approached Reagan National, marking the nation’s first major commercial airline crash since 2009.
The lawsuit states that the crash could have been prevented if the Army and FAA had done what they were supposed to and had the FAA not created an environment which allowed certain conditions to exist in the Reagan National airspace.
“Knowing that there was massive congestion and these number of near-misses, we turned to the FAA and their responsibility to properly provide air traffic control that was not fully provided and properly provided on that evening,” Clifford said.
The lawsuit was also filed against American as the plaintiffs believe that despite having knowledge of the near-misses, the airline exposed its customers to the dangers and continued to seek more gates at the airport.
“Operators of a motor vehicle can’t run through a red light. Operators of a commercial aircraft cannot run through yellow lights, and they ran blatantly for years, many red lights here by allowing these planes to operate in the navigable space at DCA, knowing that there was massive congestion, that there was a massive intersection between military traffic regarding runways that were unique and required special training that they failed to provide to their pilots, the complaint against American is set out in a way that emphasizes their responsibility,” Clifford said.
Rachel Crafton, whose husband Casey was killed in the collision, said in a statement: “Because of systematic failures and reckless disregard for safety, his life, along with 66 others, was taken. Casey was betrayed by this system he trusted — we all were. As his wife, I cannot stand by and allow his life to be lost in vain.”
Crafton’s lawsuit is requesting a trial by jury and monetary damages from the airline and the U.S. government, with the compensation will be determined by a judge. The average time of a lawsuit of this nature is between two and three years, according to the lawyers.
Brian Alexander, a partner with the law firm of Kreindler and Kreindler which is also representing the families, said the lawsuit is also against the air traffic controllers who failed to issue a safety alert to the passenger jet, advising it to change course and avoid the collision.
“The primary duty of an air traffic controller is to separate traffic and to avoid midair collisions. In this particular case, they completely failed to meet that responsibility,” Alexander said.
In response to the lawsuit, American told ABC that the airline “has a strong track record of putting the safety of our customers and team members above everything else. We continue to support the ongoing NTSB investigation and will defend American and PSA Airlines against any legal action claiming the airline caused or contributed to this accident.”
The FAA said in a statement “Our hearts go out to the families who lost loved ones on that tragic January evening. Since the accident, [Transportation] Secretary [Sean] Duffy and the FAA have acted decisively to make the skies over our nation’s capital safer. We will continue to work closely with the NTSB to ensure no family has to suffer this pain again.”
The Army did not immediately respond to ABC News’ request for comment on the suit.
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