Government admits pilot errors in deadly D.C. air collision

Dec. 17 (UPI) -- Government officials admitted errors by pilots flying a U.S. Army helicopter caused a deadly collision with an airliner near the capital, and an airline seeks dismissal from a lawsuit.

The Jan. 29 collision killed all 67 passengers and crew aboard both aircraft when American Eagle Flight 5342 and a U.S. Army helicopter collided over the Potomac River.

The Department of Justice on Wednesday submitted a 209-page filing in which it says the "United States admits that it owed a duty of care to plaintiffs, which it breached," CNN reported.

"The United States admits pilots flying [the U.S. Army helicopter] failed to maintain proper and safe visual separation from [American Eagle Flight 5342]" as the airliner's pilots were attempting to land at Ronald Reagan Washington National Airport in Arlington, Va., the DOJ says in the filing.

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The DOJ also says the choices made by the Black Hawk helicopter's crew were a "proximate cause of the accident and death."

The estates of many of the deceased sued American Airlines, subsidiary PSA Airlines and the federal government in the U.S. District Court for the District of Columbia.

The federal government's admission that it breached a duty of care, coupled with no such claims against PSA Airlines, should cause the court to dismiss the airline from the federal lawsuit, PSA Airlines argues in another filing made on Wednesday.

Plaintiffs argue that PSA Airlines should have done more to enable its crew to react to and avoid the deadly collision, but they have not stated any federal standard of care violated by the airline, according to PSA Airlines.

Lacking any accusation of wrongdoing and given the federal government's admission of negligence due to a breach of duty, PSA Airlines says the court must dismiss all related claims against the airline.

"Because federal law governs aviation safety completely and exclusively -- leaving no room for state regulation, including through state tort standards -- the claims against PSA are pre-empted and must be dismissed," airline officials say.