By Alexandra Skores, CNN

Washington (CNN) — The family of a man killed in January’s midair collision near Washington, DC, is suing American Airlines, regional jet operator PSA Airlines, and the federal government, according to a lawsuit filed Wednesday.

Rachel Crafton, whose husband Casey was on the passenger plane, filed the suit alleging wrongful death and negligence.

It’s the first federal lawsuit for the collision that killed 67 people when an Army Black Hawk helicopter and American Eagle flight 5342 collided over the Potomac River.

“It was predictable, it was preventable, and it caused the needless loss of 67 lives,” Bob Clifford, the attorney leading the suit, said at a press conference in Washington, DC, Wednesday.

The lawsuit alleges the defendants knew or should have known that airport approaches at one of the busiest airspaces in the United States “presented certain safety risks, specifically including the possibility of a midair collision.”

The National Transportation Safety Board’s investigation has not yet determined a probable cause for the collision, but the agency has highlighted multiple issues that likely contributed to the deadliest US aviation disaster in nearly a quarter century.

“American had the ability, because of their notice of near misses, a massive number of near misses, that they nevertheless allowed their customers to be exposed to the danger associated with those near misses,” Clifford said. “They sought additional gates, they sought additional landings and takeoffs.”

The Army helicopter flew too high, and pilots of both aircraft “utterly failed in their responsibilities” to see and avoid the other aircraft, the lawsuit says.

Investigators found the Army helicopter was flying 100 feet above its maximum allowed altitude of 200 feet at the time of the collision and it’s altimeter may not have been accurate.

After the crash, the NTSB found records of 15,214 “near miss events” at the airport between 2021 and 2024, where aircraft were within one nautical mile of each other, with a vertical separation of less than 400 feet. There were also 85 cases where aircraft were much closer - less than 1,500 feet apart, with a vertical separation of less than 200 feet, according to the NTSB.

American Airlines “manipulated and abused” the arrival rate system to add more flights per hour, “despite its knowledge that doing so severely limited the margins for safety,” the suit alleges.

American responded to the lawsuit, saying it continues to “mourn the lives lost in the tragic accident,” but that the blame rests with the military.

“Flight 5342 was on a routine approach to DCA when the Army helicopter — that was above the published helicopter route altitude — collided with it,” the airline said. “We continue to support the ongoing NTSB investigation and will defend American and PSA Airlines against any legal action claiming the airline caused or contributed to this accident.”

The Army declined to comment on the suit, saying its primary focus remains on supporting the families of the victims and ensuring the safety of soldiers and the public.

“Out of respect for the deceased, their families, and the ongoing investigation, it is inappropriate for the Army to comment on litigation,” they said in a statement.

The suit also faults the Federal Aviation Administration for allowing the congested airspace to exist and the actions of controllers.

“The primary duty of an air traffic controller is to separate traffic and to avoid midair collisions. In this particular case they completely failed to meet that responsibility,” attorney Brian Alexander said.

In a statement to CNN, the FAA highlighted a number of changes made at the airport since the collision, including eliminating mixed helicopter and airplane traffic, modified helicopter zones, and increased staffing.

“Our hearts go out to the families who lost loved ones on that tragic January evening,” the agency said. “We will continue to work closely with the NTSB to ensure no family has to suffer this pain again.”

The lawsuit also mentions the passenger jet pilots’ flight maneuvers and decision to accept air traffic control’s offer to land on the “more difficult” runway 33, despite planning to land on runway 1.

“I really don’t want to, but I guess uhhh tell ‘em—,” the captain told the first officer, according to the lawsuit. “Its fine, we got the numbers… we’ll do 33.”

Tim Lilley, father of the first officer, Sam Lilley, released a statement explaining the family did not participate in the lawsuit or subsequent press conference.

“Everyone who lost a loved one in the January 29 accident has the right to pursue the path they feel is best,” Lilley said. “We respect those choices while standing united in the shared goal of making sure no family ever suffers through such a preventable tragedy again.”

The NTSB’s final report on the collision is expected when the investigation concludes in January.

A ‘devoted father and husband’

Casey Crafton, whose wife Rachel filed the lawsuit Wednesday, was a “devoted father and husband,” she said in a statement read by his brother.

“Our lives were shattered in a moment, and the grief has been unimaginable, she said. “The future we dreamed about was taken away from us.”

Casey had a career in aviation, first as a mechanic and then as a technical service manager.

“Casey was betrayed by this system he trusted,” she said. “We are taking legal action because the accountability of American Airlines, PSA Airlines, and the Army and FAA is the only way to ensure this never happens again and no other family has to live with the pain we have to endure each day without Casey.”

The lawsuit seeks unspecified monetary damages.

Clifford says he expects the families of most other passengers will also sue, but they must wait due to rules governing notice given when a suit is filed against the federal government.

Doug Lane, whose wife and son were killed in the collision, said he was at today’s press conference to support the Crafton family.

“Many of us have been asked us whether we dread rehashing the worst days of our lives in court. Our answer today is clear, ‘we are ready,’” he said. “Nothing will help the healing process more than seeing the negligence, bureaucracy run amuck and the instances of putting corporate profits over public safety on full display.”

Changes since the collision

This summer, the NTSB held three days of hearings to investigate the probable cause of the crash. The hearings covered audio discovered from the incident in the Army helicopter, air traffic control training and key organizational structures that may have led to the deadly incident.

Prior to the NTSB’s investigation, lawmakers had called the Federal Aviation Administration, NTSB and Army to Capitol Hill to testify. The Army’s role in the crash had long been a point of discussion since the incident, and families of the victims felt as though they didn’t hear from the Army enough.

In July, Sen. Ted Cruz, chairman of the Senate Commerce, Science and Transportation Committee, introduced a bill that would require aircraft operators to install key anti-collision technology on all flights and require the Army to keep it turned on in almost every case. The helicopter that collided with the passenger plane was not broadcasting ADS-B tracking data due to a rule that allowed the Army to fly with the system turned off.

CNN’s Brian Todd contributed to this report.

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