Black Hawk Helicopter Crews to Blame for Mid-Air Collision with Passenger Jet That Killed 67, Government Admits

Federal officials say mistakes by an Army Black Hawk helicopter crew and an airport tower controller contributed to the fatal midair collision with an American Airlines regional jet near Washington, D.C., in January.

“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,” the Justice Department said in a 209-page filing on Wednesday, Dec. 17.

Government officials also wrote that the helicopter pilots “failed to maintain vigilance so as to see and avoid” the passenger plane, calling that failure both a direct and proximate cause of the crash.

The filing was submitted in U.S. District Court in Washington, D.C., as part of a civil lawsuit brought by the family of a passenger who died in the collision.

American Airlines Flight 5342, operated by American Eagle, struck the military aircraft over the Potomac River near Ronald Reagan Washington National Airport shortly before 9 p.m. local time on Jan. 29.

All 67 people on the two aircraft were killed: 60 passengers and four crew members aboard the jet, along with three Army personnel on the helicopter.

The government filing states that, before and on the night of the crash, American Airlines and the military “knew, or should have known” the flight was moving through one of the nation’s busiest airspaces and that approaches near Reagan National presented known risks, including the potential for a midair collision. The filing points to “near miss” incidents in and around the airport as warnings that should have raised alarms.

“The United States admits that the airspace near DCA is busy at times and the risk of midair collision cannot be reduced to zero in the National Airspace System,” the filing says.

It also states that “the United States admits pilots flying PAT25 failed to maintain proper and safe visual separation from AE5342.”

In a separate 26-page filing also released Wednesday, the plaintiffs argue that air traffic control was understaffed and that one controller was handling two critical safety roles at the same time—something they say violated FAA policy. The plaintiffs further contend that controllers never warned Flight 5342’s pilots that PAT25 was converging with their path, alleging that this, too, violated FAA rules and orders.

“The Army understands and respects the need for families to receive more information regarding the tragic DCA crash. We acknowledge that many individuals are still seeking answers about the incident and the measures being taken to prevent a similar tragedy,” a U.S. Army spokesperson said in a statement to CNN.

Meanwhile, National Transportation Safety Board Chair Jennifer Homendy has criticized a pending military spending bill that would require military aircraft, in most cases, to use TCAS (the traffic alert and collision avoidance system) around dense airspace in the D.C. region. Homendy has argued that aircraft should use a more accurate technology than TCAS, which was in use during January’s crash.

In earlier remarks, the chairmen and ranking members of the House and Senate Armed Services Committees said they are committed to aviation safety and want to ensure military aircraft coordinate properly with civil aviation authorities to prevent another tragedy. They also said they are awaiting the NTSB’s investigation results, expected next month, and believe additional steps may be necessary.