(NEXSTAR) – A family of a crash victim from American Airlines Flight 5342 filed a lawsuit against American Airlines and the United States in federal court on Wednesday. The crash between the U.S. Military Black Hawk helicopter and AA 5342 on Jan. 29 killed everybody on both flights – 64 on AA 5342 and three on the Black Hawk helicopter. Rachel Crafton, the wife of Casey Crafton, who died in the crash, said in the lawsuit that American Airlines, the FAA and the U.S. Army should have known the Reagan National Airport presented safety concerns, as well as the risk of a midair collision. "American has a strong track record of putting the safety of our customers and team members above everything else," American Airlines said in an emailed statement, when contacted for comment. "We continue to support the ongoing NTSB investigation and will defend American and PSA Airlines against any legal action claiming the airline caused or contributed to this accident." Brett Shumate, Assistant Attorney General of the Justice Department’s Civil Division, issued a statement Wednesday evening. "While the Department of Justice does not typically comment on ongoing litigation, this lawsuit arises out of a local and national tragedy in which 67 people lost their lives right here in the Nation’s capital. Our hearts continue to be with the families. The Department will pursue a just resolution of this matter that follows the facts, the law, and provides fair compensation to the victims of this tragedy.” In its investigation, the NTSB highlighted the lack of separation between Helicopter Route 4 and aircraft on approach to runway 33 at Reagan. Investigators said they believed the Black Hawk helicopter was flying above the 200 feet altitude limit. Last month, the U.S. Army admitted to investigators its pilots were required to maintain their altitude within 100 feet, meaning pilots under a 200-foot altitude restriction could potentially be flying at 300 feet. Critically, the NTSB found, the U.S. Army's helicopter was also not using a key piece of equipment on board — ADS-B Out. It broadcasts key location equipment at a higher frequency. Crafton's lawsuit argues the flight crew of a U.S. Army Black Hawk helicopter failed to fly its helicopter at or below the mandatory altitude, and the air traffic controllers failed to keep aircraft separated. The lawsuit said the air traffic controller should have made sure no helicopter was transiting route 4 while an airplane was on approach to land at runway 33. The lawsuit also cited FAA guidance about the "circling approach" AA 5342 flew to land at runway 33 at Reagan. The FAA said it's one of the most challenging flight maneuvers. The lawsuit argues other airlines prevent their pilots from conducting circling approaches into DCA at night, and that PSA Airlines (which operated the flight) urged its pilots to prepare for a circling approach to Runway 33, but didn't have any policies or procedures to consider whether to accept that approach. The NTSB is conducting hearings to examine the cause of the midair collision. So far, the NTSB has not released its final report. American Airlines' full statement is below: