Snowmobiler who crashed into helicopter is awarded $3 million

The federal government was mostly responsible for a nighttime collision involving a snowmobiler who nearly died after hitting a Black Hawk helicopter that was parked on a Massachusetts snowmobile trail, a judge ruled in awarding him $3.3 million in damages.

According to an AP report, a U.S. District Judge blamed both parties for the 2019 crash in his ruling, but said the government was 60% responsible for parking the helicopter on a snowmobile trail. He criticized snowmobile rider Jeff Smith for speeding and for wearing tinted goggles.

Smith, a Massachusetts lawyer, sued the government for $9.5 million in damages to cover his medical expenses and lost wages and to hold the military responsible for the crash.

“We are grateful for Judge Mastroianni’s thoughtful consideration of the complicated facts of this case,” Smith’s lawyer Doug Desjardins told the Associated Press. “We believe justice was served, and the decision encourages public safety.”

Smith’s lawyers said the Black Hawk helicopter crew practicing night training was negligent for parking a camouflaged aircraft on a rarely used airfield also used by snowmobilers.

“The court finds the government breached its duty of care in failing to take any steps to protect against the obvious risk of a camouflaged helicopter parked on an active snowmobile trail, in a somewhat wooded area, as darkness set,” Mastroianni wrote. “The helicopter and area where it was parked were not illuminated or marked in any way.”

The government tried to dismiss the case several times, arguing that it could not be sued under the Federal Tort Claims Act because a policy decision was involved. But the judge disagreed and said the act allows for exceptions.

The government said the court lacked jurisdiction and that the crew members weren’t told they were landing on a snowmobile trail. The government also pushed back on claims that it could have prevented the accident and said the crew was not required to illuminate the helicopter. The government also attempted to cast blame on Smith, claiming he was driving his sled more than 65 mph and that he had taken both prescription drugs and drank two beers before his ride.

Smith hopes to use the money to get an electronically controlled brace fitted to help him regain movement in his left arm.

“It would change my life,” he told Business Insider. “I would certainly be able to function, and it would be easier to do the daily activities of daily life like brushing my teeth, taking out the trash, and opening the door with one hand.”