In Washington air crash, past payouts show limits of government liability

As the role of air traffic controllers comes under scrutiny in the deadly mid-air collision between a U.S. Army helicopter and an American Airlines regional jet, payouts by the federal government for past crashes show both the scope and limits of government liability. The federal government has paid 75 claims totaling $88.7m in the last decade to settle litigation alleging negligence on the part of air traffic controllers, the military and other government actors in air crashes. The settlement figures, which are buried in a government database that tracks payments by the Treasury Department’s Judgment Fund to resolve lawsuits against the United States, all involved small crashes, typically with one or two fatalities or serious injuries. One reason the payment amounts aren’t higher: Under the Federal Tort Claims Act, the government is only liable for compensating victims or their families for their losses. Punitive damages, which can provide plaintiffs with much bigger monetary awards, are not allowed. It's far too soon to assign liability for the Jan. 29 crash near Ronald Reagan Washington National Airport, which killed 67 people. Reuters reported one controller rather than two was handling local plane and helicopter traffic on Wednesday at the airport, a situation deemed "not normal" but considered adequate when flights are fewer. The helicopter may also have been flying above its assigned altitude.<br/>