Commercial air travel has long been considered the safest method of travel, and the stats back this up. With strong safety standards, redundant systems in place in case of failure, thorough maintenance requirements, and continually improving technology for navigation and performance, the aviation industry has maintained the lowest fatality rate in transportation for decades. However, that comes with a caveat.
When two cars have an accident, it can be a minor fender-bender that doesn’t cause a physical injury to either driver. A midair collision is rarely, if ever, merely an inconvenience for the crash victims. A crash between American Airlines flight 5342, which was on a landing approach to an alternate runway at Ronald Reagan Washington National Airport (DCA), and a U.S. Army helicopter on nighttime training maneuvers took the lives of 67 people on January 28, 2025. The first of what is expected to be many wrongful death legal actions taken by the victims’ families was filed on September 24 in federal court in the U.S. District of Columbia.
Rachel Crafton, whose husband perished in the helicopter and plane crash, is the first plaintiff to file suit. In her 10-count complaint, Crafton accuses the defendants — American Airlines, PSA Airlines, and the U.S. Government — of breach of duty and negligence. With survival claims made by her husband’s estate and the wrongful death charges by Casey, the widow seeks to hold the defendants responsible for what she insists was a completely preventable tragedy.
Where Even a Near Miss Is Cause for Concern
The Federal Aviation Administration (FAA), part of the federal government, oversees travel on the highways in the sky. The FAA is responsible for air traffic controllers, who have the complicated task of managing incoming and outgoing flights of cargo and passenger planes at the nation’s airports.
DCA, located five miles from Washington, D.C., is one of the country's 30 busiest airports. While it’s federally owned, it’s controlled and operated under lease by the Metropolitan Washington Airports Authority (MWAA). Designated as a “short-haul” airport, DCA has gotten exceptions for daily flights beyond the specified 1250-mile perimeter. Most “long-haul” and international flights are handled by nearby Dulles International Airport.
Noise and military restrictions for the D.C. area mean that incoming aircraft must often follow a narrow flight path above the Potomac River to land at DCA. The overall number of flights, combined with the proliferation of military aircraft also in the area, can make for some harrowing moments. In the past six months, a pair of American Eagle flights had a ground collision, and two Delta flights were forced to abort landings after an Army Black Hawk helicopter crossed their flight path. Both incidents are under investigation by the FAA and the National Transportation Safety Board (NTSB).
As frightening as an airborne near-miss might be, it’s eminently preferable to what happened to Flight 5342 and an Army helicopter on January 28.
Bad Things Happen When Someone Fails in Their Duty
Flight 5342 was on its way to Runway 33 at DCA, an alternate landing strip that required additional navigation, when it struck the Black Hawk helicopter. Both aircraft fell into the Potomac River, and all 67 people involved in the plane/helicopter crash died. A subsequent NTSB investigation determined that the helicopter was at an altitude of 278 feet, higher than expected, and that its altimeter was malfunctioning.
The federal lawsuit filed by Crafton alleges four counts against American Airlines and PSA Airlines, a regional carrier contracted by American for Flight 5342. Both are accused of wrongful death based on common carrier duty, wrongful death for negligence, survival based on common carrier duty, and survival for negligence. The suit alleges that the airlines breached a duty of care by failing to adequately train their crews to handle the challenging conditions associated with landing at DCA. While wrongful death and survival suits pursue some of the same personal injury claims, survival does so in the name of the estate. Wrongful death suits are usually limited to financial losses suffered by family members due to the victim’s death.
Crafton’s complaint also levies two counts of negligence against the federal government, targeting the air traffic controllers for not alerting Flight 5342 of the collision danger and the Army helicopter crew for erroneously putting themselves in the landing plane’s flight path. The widow is demanding a jury trial and requesting “all available wrongful death and survival economic and non-economic damages” for the worst air crash in the U.S. since 2009. Any ruling or settlement in the case will likely serve as a precedent for other family members waiting to file their own wrongful death case.
Related Resources
- FAA Violation Unnecessary To Bring Accident Claim (FindLaw’s Federal Courts)
- Elements of a Negligence Case (FindLaw’s Accident and Injury Law)
- Starting a Personal Injury Claim (FindLaw’s Learn About the Law)
