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Victims’ families sue airlines, Army, FAA after fatal DC midair collision

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Victims’ families sue airlines, Army, FAA after fatal DC midair collision
Policy

Families of those killed in the January 29 midair collision near Washington, DC have filed a federal lawsuit against American Airlines, PSA Airlines, the US Army, and the Federal Aviation Administration (FAA). The crash over the Potomac River resulted in 67 fatalities. The lawsuit was filed in the US District Court in Washington and seeks both accountability and compensation from all parties involved.

According to the complaint, American Airlines and its regional carrier PSA Airlines are accused of manipulating the arrival rate system at Ronald Reagan Washington National Airport. The suit alleges this allowed more arrivals than safety standards permitted. It also claims that the US Army flew a Black Hawk helicopter above its authorized altitude. The FAA is cited for failing to ensure adequate aircraft separation and for not issuing timely safety alerts. "The plaintiffs assert these combined failures made the crash 'wholly avoidable.'"

The complaint further states that there were more than 30 documented near-misses in the DC airspace before this incident. Plaintiffs allege that warnings about congestion from air traffic controllers were ignored.

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Specific allegations include claims that the Army helicopter entered an airway used by commercial flights by flying above its designated altitude, while air traffic control did not maintain required minimum separation or issue critical proximity alerts.

On American’s side, plaintiffs claim that both American and PSA scheduled additional flights into already congested airspace at DCA, reducing safety margins and increasing collision risk. According to the suit, these actions contributed to systemic failures alongside those attributed to the Army and FAA.

Flight AA5342—a Bombardier CRJ-700 operated by PSA for American—was on final approach when it collided with a US Army Sikorsky UH-60L Black Hawk helicopter returning from a night evaluation flight related to government continuity training. There were 60 passengers and four crew members on board AA5342; all three crew members aboard PAT25, the Army helicopter, also died.

Preliminary findings show that heavily used DC-area airspace has limited vertical separation between helicopter routes and fixed-wing aircraft approaches. Reports indicate that at the time of impact, the helicopter may have been operating above its published altitude corridor, putting it into conflict with AA5342’s approach path.

The National Transportation Safety Board (NTSB) has noted that managing DCA's complex airspace presents ongoing challenges. This accident is now considered the deadliest US commercial aviation incident in more than two decades and led to new restrictions on nearby helicopter operations imposed by the FAA.

If successful, this lawsuit could set precedents around liability for airlines, federal agencies, and military operators sharing congested urban airspace. Courts might call for stricter scheduling controls and enforce tighter compliance with established altitude corridors around busy airports like DCA.

There are broader industry implications as well: increasing airport congestion coupled with high demand could lead to similar risks elsewhere where civilian and military flight paths overlap or run close together. Regulatory responses may follow if pressure mounts on Congress or aviation authorities to reform integration protocols between military helicopters and civilian planes as well as tighten rules governing safe separation.

The outcome of this case could influence future oversight practices regarding arrival management systems at major airports across the United States.

Organizations Included in this History
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