On Wednesday, the U.S. government acknowledged that both an air traffic controller and an Army helicopter pilot contributed to a tragic collision last January, involving a commercial airliner and a Black Hawk helicopter near Washington, D.C. The accident claimed the lives of 67 individuals.

This incident marked the most fatal aviation disaster on U.S. soil in over 20 years.

In response to a lawsuit filed by a victim’s family, the government conceded its liability, citing the air traffic controller’s breach of visual separation protocols that evening. Additionally, the filing pointed to the Army helicopter pilots’ lack of vigilance, which led to their failure to avoid the airline jet, as another factor implicating government responsibility.

However, the filing also hinted at potential culpability from other parties, including the jet’s pilots and the airlines involved. The lawsuit accused American Airlines and its regional affiliate, PSA Airlines, of contributing to the crash, although these airlines have sought to have the case dismissed.

Meanwhile, the government refuted claims of negligence by air traffic controllers or officials from the Federal Aviation Administration or the Army.

At least 28 bodies were pulled from the icy waters of the Potomac River after the helicopter collided with the American Airlines regional jet while it was landing at Ronald Reagan National Airport in northern Virginia, just across the river from Washington, D.C., officials said. The plane carried 60 passengers and four crew members, and three soldiers were aboard the helicopter.

Attorney says loss of life was needless

Robert Clifford, one of the attorneys for the family of victim Casey Crafton, said the government admitted “the Army’s responsibility for the needless loss of life” and the FAA’s failure to follow air traffic control procedures while “rightfully” acknowledging others –- American Airlines and PSA Airlines -– also contributed to the deaths.

The families of the victims “remain deeply saddened and anchored in the grief caused by this tragic loss of life,” he said.

The government’s lawyers said in the filing that “the United States admits that it owed a duty of care to plaintiffs, which it breached, thereby proximately causing the tragic accident.”

An American spokesman declined to comment on the filing, but in the airline’s motion to dismiss, American said “plaintiffs’ proper legal recourse is not against American. It is against the United States government … The Court should therefore dismiss American from this lawsuit.” The airline said that since the crash it has focused on supporting the families of the victims.

The lawsuit had accused the airlines of not doing enough to mitigate the risks of flying so close to helicopters around Washington, D.C., and not adequately training their pilots to handle it.

Investigators highlight factors that contributed to crash

The National Transportation Safety Board will release its report on the cause of the crash early next year, but investigators have already highlighted a number of factors that contributed, including the helicopter flying 78 feet higher (24 meters) than the 200-foot (61-meter) limit on a route that allowed only scant separation between planes landing on Reagan’s secondary runway and helicopters passing below. Plus, the NTSB said, the FAA failed to recognize the dangers around the busy airport even after 85 near misses in the three years before the crash.

The government admitted in its filing that the United States “was on notice of certain near-miss events between its Army-operated Black Hawk helicopters and aircraft traffic transiting in and around helicopter routes 1 and 4” around Washington.

Before the collision, the controller twice asked the helicopter pilots whether they had the jet in sight, and the pilots said they did and asked for visual separation approval so they could use their own eyes to maintain distance. FAA officials acknowledged at the NTSB’s investigative hearings that the controllers at Reagan had become overly reliant on the use of visual separation. That’s a practice the agency has since ended.

Witnesses told the NTSB that they have serious questions about how well the helicopter crew could spot the plane while wearing night vision goggles and whether the pilots were even looking in the right spot.

Investigators have said the helicopter pilots might not have realized how high they were because the barometric altimeter they were relying on was reading 80 to 100 feet (24 to 30 meters) lower than the altitude registered by the flight data recorder.

The crash victims included a group of elite young figure skaters, their parents and coaches who had just attended a competition in Wichita, Kansas, and four union steamfitters from the Washington area.