U.S. Government Admits Liability in Fatal Mid-Air Collision

U.S. Government Admits Liability in Fatal Mid-Air Collision

BY KALUM SHASHI ISHARA Published on December 18, 2025 0 COMMENTS

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WASHINGTON, D.C. – In a stunning legal reversal that has sent shockwaves through the aviation industry, the U.S. Department of Justice (DOJ) filed a 209-page court document late Wednesday admitting that government negligence was a proximate cause of the January 29, 2025, mid-air collision over the Potomac River.

 

The disaster, which killed all 67 people aboard an American Eagle regional jet and a U.S. Army Black Hawk helicopter, is now officially the deadliest aviation accident on American soil in over two decades.

 

Photo: AeroXplorer | Cooper Palubeski

 

The Admission: A "Breach of Duty"

 

The filing, submitted in response to a federal lawsuit by the family of victim Casey Crafton, marks a rare and rapid admission of fault by the United States government. The DOJ stated: “The United States admits that it owed a duty of care to Plaintiffs, which it breached, thereby proximately causing the tragic accident on January 29, 2025.”

 

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Negligence Breakdown: FAA & U.S. Army

 

The DOJ’s admission highlights critical failures in both civilian and military operations:

 

FAA Air Traffic Control: The DOJ conceded that controllers at Ronald Reagan Washington National Airport (DCA) "negligently violated" FAA orders. Specifically, the controller on duty failed to follow proper visual separation procedures, essentially handing off the responsibility of "see and avoid" to the pilots under conditions and at an altitude where such reliance was improper.

 

U.S. Army Army Operations: The filing confirms that the Black Hawk crew failed to maintain vigilance. Furthermore, investigators revealed the helicopter was flying 78 feet above its 200-foot altitude limit on a restricted route. The Army also acknowledged a known defect in the helicopter’s barometric altimeter that may have provided inaccurate readings to the crew.

 

Photo: AeroXplorer | Mitchell Roetting

 

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Fatal Convergence

 

The accident occurred at 8:47 p.m. as American Eagle Flight 5342 (a PSA Airlines CRJ-700) was on final approach to Runway 33. Simultaneously, a UH-60L Black Hawk from the 12th Aviation Battalion was conducting a Night Vision Goggle (NVG) training mission.

 

Key MetricDetails of the Collision
Location0.5 miles short of Runway 33, over the Potomac River
AltitudeApproximately 278 feet AGL
Fatalities64 on Flight 5342; 3 Army Personnel
Contributing FactorHelicopter ADS-B was "Off" for training security
Warning SignsOver 15,000 "near-misses" recorded in this corridor since 2021

 

Legislative Fallout

 

The tragedy has already sparked immediate legislative action. On the same day as the DOJ filing, the ROTOR Act gained significant momentum in the Senate.

 

This bill aims to:

 

Mandate ADS-B Out: Require all military aircraft to broadcast their position when operating in congested civilian airspace.

 

Redraw DCA Routes: Permanently separate helicopter transit routes from commercial fixed-wing approach paths.

 

End "Visual Separation" Reliance: Restrict controllers from using visual separation in high-complexity environments like the D.C. SFRA (Special Flight Rules Area).

 

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The Path to Accountability

 

While the government has admitted liability, the DOJ filing stops short of taking sole responsibility. The document suggests that American Airlines and PSA Airlines may still share "comparative fault" for allegedly pushing high arrival rates that squeezed safety margins at DCA.

 

The National Transportation Safety Board (NTSB) is expected to release its final, definitive report on the crash’s probable cause in early 2026.

 

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Kalum Shashi Ishara
I am an Aircraft Engineering graduate and an alumnus of Kingston University. It was a passion that I have had since childhood driven me to realise this goal of working in the Aviation and Aerospace industry. I have been working in the industry for more than 13 years now, and I can easily identify most commercial aircraft by spotting them from a distance. My work experience involved both technical and managerial elements of Aircraft component manufacturing, Quality assurance and continuous improvement management.

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NEWS American Airlines PSA Airlines AA USArmy Black Hawk Washington DC American Eagle mid-air collision NTSB DOJ Aviation Investigation ROTORAct

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