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U.S. Admits Liability in D.C. Midair Crash, Faults Army Pilots and Controller

The Justice Department’s court filing shifts the legal landscape for victims’ lawsuits ahead of the NTSB’s final report.

Overview

  • The 209-page filing says the United States breached a duty of care and that Army Black Hawk pilots failed to maintain safe visual separation from American Eagle Flight 5342.
  • The Justice Department also says a Reagan National tower controller did not follow FAA procedures on visual separation, even as government lawyers contest the controller’s legal culpability.
  • The Jan. 29 collision over the Potomac killed 67 people, the deadliest U.S. commercial aviation crash in decades.
  • American Airlines and PSA Airlines have moved to dismiss claims, arguing federal preemption and asserting that liability rests with the government.
  • The FAA has curtailed helicopter operations and ended mixed helicopter–fixed-wing visual separation at DCA, and the Senate approved the ROTOR Act to tighten rotorcraft oversight.