Robert A. Clifford, the founder and senior partner of Clifford Law Offices, who represents multiple victims of the January 29 incident involving an Army helicopter and an American Airlines regional jet near Reagan National Airport (DCA), expressed agreement with the sentiments of National Transportation Safety Board (NTSB) Chair Jennifer Homendy.
He stated, “It is unacceptable that it took a tragedy resulting in the loss of 67 lives to address the longstanding safety concerns surrounding Reagan National Airport.” Additionally, Clifford serves as Lead Counsel in the ongoing litigation in federal District Court in Chicago concerning the crash of a Boeing 737 MAX8 jet in Ethiopia six years ago.
During a press conference today (March 11, 2025), Homendy unveiled the NTSB’s latest fact-finding results in a preliminary report. The report included urgent safety recommendations directed at the Federal Aviation Administration (FAA) regarding the midair collision that occurred on January 29 over the Potomac River.
Clifford expressed his deep concern and dismay at Homendy’s revelation of at least one extremely close call each month from 2011 to 2024, resulting in Traffic Collision and Avoidance System (TCAS) Resolution Alerts (commonly referred to as “RA’s”) between helicopters and commercial aircraft at DCA. He noted that these reports were accessible to the FAA and the numerous commercial operators at DCA throughout this entire period, yet the FAA failed to take action to rectify the circumstances leading to these near-misses.
Homendy highlighted that the FAA’s ASAP voluntary reporting system recorded 15,214 instances of close proximity events (defined as less than one [1] nautical mile of horizontal separation and less than 400 feet of vertical separation) between commercial aircraft and military helicopters at DCA from October 2021 to December 2024. In light of this data and the recent accident, she stated that the NTSB has issued urgent safety recommendations to the FAA, urging the prohibition of helicopter operations on Route 4 when Runway 15/33 is in use at DCA. Clifford concurs with this safety recommendation, affirming that it aligns with his stance since the occurrence of the accident.
“Airlines and the FAA bear the utmost responsibility for the safety of the flying public,” Clifford remarked. “This level of safety was evidently not afforded to the passengers of AA/PSA Flight 5342. Given the numerous documented close calls at Reagan National Airport over the years, it is an act of sheer recklessness and a profound lack of conscience to disregard these statistics for over 13 years. Our thoughts are with the families who have lost loved ones in a crash that was clearly preventable and could have been avoided.”
Clifford Law Offices, a prominent aviation law firm located in Chicago, was the first to file pre-case claims against the FAA and the U.S. Army on February 18, 2025, following the midair collision on January 29 involving a PSA regional jet carrying 64 individuals and a military helicopter engaged in a training mission with three pilots aboard. Additionally, Clifford Law Offices has issued preservation letters to American Airlines, its regional carrier PSA, as well as Sikorsky Aircraft and Collins Aerospace, to ensure the preservation of all evidence related to the midair incident.
Clifford Law Offices has submitted a government-mandated “Form 95,” which is necessary for filing claims against the United States under the Federal Tort Claims Act (FTCA) concerning property damage, personal injury, or wrongful death allegedly resulting from the negligence or wrongful actions of a federal employee while acting within the scope of their employment. The claims, amounting to $250 million, are directed at various governmental agencies that may bear responsibility. The National Transportation Safety Board (NTSB) has indicated that staffing levels in the air traffic control (ATC) tower were “not normal” during the nighttime collision, and there were noted communication failures between the ATC and the aircraft involved. The helicopter implicated in the incident was operated by the Army and manufactured by Sikorsky Aircraft.
The government is required to respond to the claims within six months from the filing date in February. Should the claims be denied or not addressed within this timeframe, plaintiffs retain the right to initiate lawsuits in federal district court within the subsequent two years, which a judge will adjudicate, as jury trials are not permitted in civil wrongful death cases against the government.
Clifford has indicated he is contemplating further legal action against other parties, including American Airlines and Sikorsky. Additionally, Clifford Law Offices has commenced an investigation into possible claims of willful neglect by the airlines, particularly regarding the numerous near-miss incidents involving commercial airplanes and helicopters that have been overlooked in the airspace surrounding Reagan National Airport. The recent findings by the NTSB reinforce concerns regarding the willful neglect of aviation operators at DCA in terms of the safety of the traveling public.
The NTSB is responsible for finding the probable cause of aviation crashes.
