Families of the victims of January’s plane crash near Ronald Reagan Washington National Airport (DCA) are pursuing a potential lawsuit against the Federal Aviation Administration (FAA) and the U.S. Army, their legal representatives told the Daily Caller.
The victims’ families are exploring legal action following the fatal Jan. 29 midair collision between American Airlines Flight 5342 and a U.S. Army Sikorsky UH-60 Blackhawk helicopter over the Potomac River which killed 67 people.
The Regan Zambri Long law firm, who are representing two families who had loved ones perish in the crash, are demanding “a thorough investigation into aviation safety protocols and accountability,” according to a statement.
Negligence on behalf of the FAA, the National Transportation Safety Board (NTSB) or the pilots of either the American Airlines flight or the Army helicopter are among possible elements a lawyer told the Daily Caller could have caused the crash, resulting in wrongful death.
Patrick Regan, president and senior partner of Regan Zambri Long, told the Caller that his team is monitoring the NTSB’s investigation and filing notices under the Federal Torts Claim Act practically “every day.” He added that they are pressuring the NTSB to complete its investigation in a reasonable and timely manner to provide closure for the victims’ families.
Regan noted that preliminary reports indicate the Blackhawk was flying higher than the maximum altitude acceptable for helicopters near DCA. The maximum permitted altitude south of Memorial Bridge is 200 feet. The helicopter was flying at an altitude of 278 feet at that location, according to the NTSB. The NTSB has an ongoing investigation into the crash.
NEW: President Trump is questioning the situation surrounding the Black Hawk’s collision with the American Airlines flight as new footage is released.
In a post on Truth, Trump appeared to disclose that the pilot was flying above the 200 foot limit.
“The Blackhawk helicopter… pic.twitter.com/6HqEVLLeDU
— Collin Rugg (@CollinRugg) January 31, 2025
While Regan Zambri Long’s potential legal action is still in the preliminary stages, another family not represented by the firm is also seeking $250 million from the FAA and U.S. Army for alleged negligence, according to Fox 5 DC.
Representatives for the family of 40-year-old Casey Crafton, who died in the crash, are asking whether or not the airport’s air traffic control was properly staffed, according to the claim. (RELATED: Trump National Security Adviser Says Reagan Airport Plane Crash Investigation ‘Transitioned From Response To Recovery’)
At the time of the crash, an air traffic controller tasked with directing helicopters was overseeing the runways, which is usually a job for two separate controllers, a preliminary FAA report found, according to AVweb.com.
“Something went wrong here,” Clifton Law Firm partner Tracy Brammeier told Fox 5. “There are probably a lot of entities who knew about potential problems but didn’t act to prevent them. The purpose is to get answers for the family.”
Regan, a founding partner at Regan Zambri Long, stated that his firm has filed administrative claims with two government agencies, the FAA and U.S. Army, for $250 million for each family. The Crafton family — not represented by Regan’s firm — has also filed claims with the FAA and U.S. Army for $250 million.
Any plaintiff seeking to file a lawsuit against the US government through the Federal Tort Claims Act (FTCA) must first file an administrative claim with the agencies they are seeking to pursue legal action against at least six months prior to filing a formal lawsuit.
These administrative claims, Regan told the Caller, are the initial step required by the law in order to pursue claims against the government.
Alleged staffing issues are not the only potential malfeasances. DCA has had a number of near misses in the past few decades, leading some pilots to call the airspace above the capital’s airport “an accident waiting to happen,” the Daily Caller previously reported.
A potential lawsuit on behalf of other victims could see a whole host of factors at play, Regan told the Caller. Among elements of the case could be emotional damages, lost wages from family members who supported their kin, burial and funeral expenses and more. Other factors in determining a judgment would include the age of the deceased and whether they were married or had children.
Regan told the Caller he would be “surprised” if any single claim were not worth at least $1 million in damages. He has personally litigated more than a dozen cases involving investigations conducted by the NTSB.
A wrongful death lawsuit against the U.S. government would not proceed to a jury trial, but rather would be heard directly by a judge in federal court.