Last month, the family of one of the 67 victims of the plane crash near Washington filed two legal claims against the federal government on Tuesday, seeking compensation, and a long, complicated legal battle and forecast It marked the beginning of what was being done.
According to Robert A. Clifford, a lawyer representing the family, the initial claim against the US government over the conflict was filed by the family of Casey Clafton, an airline passenger who died in the crash. Clifford said he also asked several companies related to the crash to maintain the evidence.
“I don't know who caused this crash, but the passengers certainly know that it's not. Families are entitled to answer,” Clifford said in an interview. “This was preventable.”
The crash occurred on the night of January 29th. An Army Black Hawk helicopter collided with American Airlines Flight 5342 near Ronald Reagan National Airport, plunging both the plane and the helicopter into the ice Potomac River, killing everyone with both aircraft. This was the worst plane crash in the United States in nearly a quarter century.
The cause has not yet been determined, but the National Transportation Safety Board, which is leading the federal investigation, looked into what appears to have missed instructions sent by air traffic controllers to helicopter pilots last week. He said there was. Aviation experts say the investigation will likely identify multiple safety hazards, as is common when a plane crashes.
The claims by Mr. Clafton's wife, Rachel, and his three sons, on Tuesday were filed under the federal tort claims law. One was submitted to the Federal Aviation Administration, which oversees air traffic control, and the other was submitted to the Army. Each is seeking $250 million in compensation. These are the numbers that Clifford described as the upper limit of his claim.
Claims will be submitted to the FAA and the Army. If they refuse a claim or fail to respond within six months, the family can file a lawsuit in federal court.
The FAA and the Army did not respond to requests for comment.
Clifford said he hopes the NTSB will postpone its decision to sue businesses related to the crash until it issues a preliminary report. The agency said it plans to do so next week, but will not identify the possible cause of the crash until it releases its final report in a year or two.
Clifford said he is measuring legal action on behalf of the other victims' families.
Clifford, who represents Ethiopia's 2019 Boeing 737 Max crash family, said he asked several companies to preserve evidence related to last month's episode. This includes American Airlines, which operated the planes and its subsidiary PSA Airlines, as well as the Lockheed Martin subsidiary, which manufactures Sikorsky Aircraft, Black Hawk helicopters, and Collins Aerospace, which manufactures components for military and commercial aircraft. It will be available.
The airline was ultimately responsible for passenger safety, Clifford said it took into account growing safety concerns, particularly at Reagan National, including crowds and previous close calls.
“The airlines believe they knew all these near misses, knowing that there are potential risks, and under the law as a common carrier, the US and PSA are the best care obligations. I was owed,” he said.
The Americans did not respond to requests for comment.
On the night of the crash, the helicopter crew asked the air traffic controller to allow them to use visual separation on the plane. The pilot maintained his distance from nearby aircraft by keeping his eyes in place. The request was granted, but questions remain as to whether the controller left too much room for disruption in communication with the helicopter crew, or whether the crew was concentrated on the wrong plane.
At a press conference last week, the NTSB shared two instances, and it seemed that the helicopter crew had not received a complete message from the air traffic controller. The episode also shed light on concerns that air traffic control systems have been on the rise in recent years due to chronic staffing shortages.
Clafton, 40, lives in Connecticut, studied aviation management at Bob Jones University, where he met his wife. On the night of the crash he returned from a business trip to Wichita in Kan.