Originally Posted by
layman54
I guess the question is what is the alternative world. The pilots could also have followed PSA procedures by briefing both approaches. Which seems to be the correct thing to do if they were willing to accept the alternative approach. In which case it seems likely that the crash would still have occurred in just about the same way. The legal complaint does make some (unconvincing in my view) suggestions that the delayed briefing could have distracted the pilots just enough so that they didn't recognize the danger from the helicopter in time.
I think it's not unreasonable to assume that words being exchanged in the cockpit/the extra workload prevented the pilots from noticing the ATC transmissions to the helicopter, and that would have impaired their situational awareness. Situational awareness is required for safe flight, especially in congested airspace.
If the SOP requirement was instituted by the airline out of a safety concern, to reduce the workload on the pilots during that critical phase of flight, then that has a bearing on how responsibility is apportioned.