NTSB Aviation Accident Investigations: What Victims and Families Should Know
After a plane or helicopter crash, the National Transportation Safety Board (NTSB) usually leads the federal investigation. Many families assume the NTSB will also decide who is responsible and help them recover compensation. It will not. Understanding what the NTSB does, and does not do, helps injured people and families protect their rights.
What the NTSB Does
The NTSB is an independent federal agency that investigates civil aviation accidents and determines their probable cause so that safety improvements can be made. It is not part of the FAA, has no regulatory or enforcement authority, and does not determine legal liability. An Investigator-in-Charge leads each investigation, and the FAA participates.
The Investigation Timeline
- Preliminary report: a short summary of on-scene facts, typically available within about two weeks.
- Public docket: the factual materials gathered in the investigation, released when appropriate or when the investigation ends.
- Final report: the analysis, findings and probable cause. For general aviation accidents, investigations often take 12 to 24 months.
Families do not need to wait for the final report to protect a claim. Waiting can mean losing evidence and missing deadlines.
Who Takes Part in the Investigation
The NTSB may designate “parties” to an investigation, usually organizations whose employees, activities or products were involved, such as aircraft and engine manufacturers, operators and the FAA, because they can provide technical expertise. NTSB rules provide that a party representative may not hold a legal position or represent claimants or insurers. Injured people and families are not parties, which is one reason an independent investigation on their behalf matters.
Can NTSB Reports Be Used in a Lawsuit?
Federal law generally prohibits using the NTSB’s own accident report, including its probable-cause determination, as evidence in a civil damages lawsuit. NTSB regulations distinguish that report from the factual accident report prepared by investigators, and the Board states that there is no statutory bar to admitting factual accident reports in litigation. In practice, an injury or wrongful death claim must still be proven through independent evidence, records and expert analysis.
Evidence That Can Disappear
- Air traffic control audio: FAA guidance generally calls for routine voice recordings to be kept for 45 days, and some facilities keep certain recordings for shorter periods, unless they are retained for an accident or a specific request.
- Wreckage and components: the NTSB controls access during its investigation, then typically releases the wreckage to the owner or insurer.
- Flight-tracking data: ADS-B and radar data, plus data stored in onboard avionics, engine monitors and portable devices.
- Records: aircraft and engine logbooks, maintenance work orders, pilot training and certificate records, fuel records, and weather data.
- Witnesses: people on the ground, at the airport and on the radio frequency.
Support for Families
The NTSB’s Transportation Disaster Assistance (TDA) division provides information to families about the investigation, wreckage and personal effects, and can help identify which agency holds personal effects. The NTSB lists its TDA contact information at ntsb.gov/tda.
Frequently Asked Questions
Should I wait for the NTSB final report before talking to a lawyer?
Generally no. The final report can take a year or two, and important evidence and deadlines may pass in the meantime. Early steps can preserve wreckage, records and recordings.
Can my lawyer participate in the NTSB investigation?
Not as a party. NTSB rules exclude people who represent claimants from party representative roles, so your lawyer works through independent investigation, records requests and preservation efforts instead.
Does the NTSB investigate every small-plane accident?
The NTSB is responsible for investigating civil aviation accidents in the United States, though the depth of the investigation varies. In some general aviation cases, FAA inspectors gather much of the on-scene information on the NTSB’s behalf.
Talk With Our Aviation Practice
Our aviation practice is led by Attorney Louis J. Muggeo, a licensed private pilot with more than 2,000 hours of civilian flight time. Call 978-741-1177 or contact us online. See also New England general aviation accidents and our aviation accident FAQ.
This page provides general information only and is not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.