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The government has attempted to dismiss the case several times, arguing that it can\u2019t be sued under the Federal Tort Claims Act since this involves a policy decision. A spokesperson for the U.S. Attorney\u2019s office had no comment.<\/p>\n\n\n\n
They also argued that the court lacked jurisdiction and that the crew wasn\u2019t told that they were landing on a snowmobile trail. They also pushed back on claims they could have prevented the accident, saying there was nothing in their policies that required illuminating the helicopter. They also attempted to cast blame on Smith for the accident, claiming he was driving his sled more than 65 mph (105 kph) at the time the crash and that he had taken both prescription drugs and drank two beers before his ride.<\/p>\n\n\n\n
In its investigation, the Army concluded the crew wasn\u2019t aware they were landing on a snowmobile trail in the crash. It also questioned whether glow stick-like devices known as chem lights used to light up the craft would have made a difference.<\/p>\n\n\n\n
\u201cI found no negligence by the crew and believe they complied with all applicable regulations and laws,\u201d according to the report. \u201cFurthermore, given the particular circumstances of this incident, I am not convinced that using such chem lights or similar devices would have prevented the collision.\u201d<\/p>\n\n\n\n
The night of the accident, Smith said he was over at his mom\u2019s helping fix a computer. He had a beer with dinner and then another with his dad, before setting off to meet his brother, Richard Smith, on the trail. Smith drove in the dark alongside farm fields and forests before going over a ridge. His headlights reflected off \u201csomething,\u201d he said, but Smith only knew it was a helicopter after the crash.<\/p>\n\n\n\n
The testimony from the crew and the people who had come out to see the helicopter painted a chaotic scene after the crash, in which Smith was thrown from his snowmobile and his sled went flying through the air.<\/p>\n\n\n\n
\u201cI found him face down in the snow,\u201d Benjamin Foster, one of the crew members, told the court. \u201cWe rolled him on his back and I might remember yelling or telling one of my crew chiefs to grab some trauma shears and space blankets from the aircraft. … I remember him gasping for breath.\u201d<\/p>\n\n\n\n
\u201cAs soon as I heard that somebody on a snowmobile hit the helicopter, I knew it was my brother,\u201d Richard Smith said. \u201cMy heart hit my stomach. I just knew it was him. I went down there and my father told me he was alive. I didn\u2019t sleep that night. I spent that night on my knees praying.\u201d<\/p>\n\n\n\n
Smith was airlifted to a trauma center, with a dozen broken ribs, a punctured lung and severe internal bleeding. \u201cIt was a mess,\u201d Jeff Smith said.<\/p>\n\n\n\n
The 48-year-old returned home after a month in the hospital. But he continues to struggle with simple tasks, including putting on socks or pulling up his pants. Worse, he no longer golfs or snowmobiles \u2014- including rides with his brother, friends and his 20-year-old son, Anthony. He gets by on federal disability assistance and lives with his parents.<\/p>\n\n\n\n
\u201cWe went away that winter before the accident a couple times and he had gotten to that age where we were really bonding,\u201d he said. \u201cI feel like it got robbed from me.\u201d<\/p>\n\n\n\n
For Richard Smith, it\u2019s meant the loss of his riding partner. \u201cIt has destroyed me,\u201d he said.<\/p>\n\n\n\n
Jeff Smith is now pinning hopes on winning the lawsuit, which he said would help pay for a procedure at Massachusetts General Hospital that attaches an electronically-controlled brace that would improve movement in his left arm.<\/p>\n\n\n\n
\u201cIt would change my life,\u201d he said. \u201cI would certainly be able to function and it would easier to do the daily activities of daily life like brushing my teeth, taking out the trash and opening door with one hand.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
A Massachusetts man wants the government to pay $9.5 million after being badly injured in a crash with a Black Hawk helicopter.<\/p>\n","protected":false},"author":7,"featured_media":88697,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_yoast_wpseo_meta-robots-noindex":"","_yoast_wpseo_meta-robots-nofollow":"","_yoast_wpseo_canonical":"","_acf":"","_yoast_wpseo_primary_category":70,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","_smg_distribution_targets":{"2":{"categories":["your-military","news"],"primary_category":"your-military"},"8":{"categories":["fedlife","lifestyle"],"primary_category":"fedlife"}}},"categories":[100,12,25,70],"tags":[],"coauthors":[5383],"class_list":["post-52272","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-daily-news-roundup","category-news","category-newsletters","category-your-army"],"acf":{"subheadline":"","legacy_arc_id":"WO5XU7TG7VBLBCXE7FJT23EGXA","arc_canonical_url":"\/news\/your-army\/2024\/03\/06\/man-who-crashed-snowmobile-into-black-hawk-sues-government-for-95m\/","remove_feature_photo":false,"is_sponsored":false,"subtype":"","redirect_url":"","disable_inline_ads":false,"native_logo_pretext":"Presented By:"},"yoast_head":"\n