What Is the NTSB
The National Transportation Safety Board (NTSB) is an independent federal agency charged with investigating civil aviation accidents and significant incidents in the United States. Established in 1967, the NTSB operates independently from the FAA and other transportation agencies to ensure objective, unbiased investigations.
Unlike the FAA, the NTSB has no regulatory authority and cannot impose fines or enforce rules. Its sole mission is to determine the probable cause of transportation accidents and to issue safety recommendations aimed at preventing future incidents. This independence is what makes NTSB findings particularly credible and valuable in litigation.
How the NTSB Investigates Aviation Accidents
When a significant aviation accident occurs, the NTSB launches a comprehensive investigation that can last months or even years. The investigation follows a rigorous, standardized process designed to uncover every contributing factor.
The NTSB investigation process typically includes:
- Go-team deployment: A team of investigators is dispatched to the accident scene, often within hours of the event
- Wreckage documentation: Detailed mapping, photography, and cataloging of all wreckage and debris
- Flight recorder analysis: Recovery and analysis of cockpit voice recorders (CVR) and flight data recorders (FDR), commonly known as "black boxes"
- Witness interviews: Interviews with survivors, witnesses, air traffic controllers, and maintenance personnel
- Component testing: Laboratory examination and testing of aircraft components suspected of failure
- Human factors analysis: Evaluation of pilot performance, fatigue, training, and decision-making
The NTSB also designates "parties" to the investigation — typically the aircraft manufacturer, airline, pilot union, and engine maker — who assist with the technical aspects of the inquiry.
NTSB Findings and Safety Recommendations
At the conclusion of its investigation, the NTSB issues a final report that identifies the probable cause of the accident and any contributing factors. The board also issues safety recommendations to the FAA, aircraft manufacturers, airlines, and other stakeholders.
NTSB findings are significant because they represent the conclusions of an independent, expert investigation. While the NTSB does not assign blame or determine liability, its factual findings and probable cause determinations provide a detailed roadmap of what went wrong and why.
- Probable cause: The NTSB's determination of the most likely cause or causes of the accident
- Contributing factors: Additional circumstances that contributed to the accident but were not the primary cause
- Safety recommendations: Specific actions the NTSB recommends to prevent similar accidents in the future
Using NTSB Reports in Your Injury Claim
NTSB reports and findings can be powerful tools in aviation accident litigation, though their use is governed by specific legal rules. Under federal law (49 U.S.C. Section 1154), NTSB reports are admissible as evidence in civil litigation, but the Board's determination of probable cause is not admissible.
Despite this limitation, the factual findings contained in NTSB reports are extremely valuable. Our attorneys use NTSB materials in several important ways:
- Factual foundation: The detailed factual findings provide a comprehensive account of the accident sequence, weather conditions, mechanical issues, and pilot actions
- Expert witness support: Our aviation experts rely on NTSB data to form their own independent opinions about causation
- Identifying defendants: NTSB findings help identify all potentially liable parties, including manufacturers, maintenance providers, and operators
- Prior similar incidents: The NTSB database of past investigations can reveal patterns of similar failures or safety deficiencies
At Roselli & McNelis, we have the experience and expertise to effectively leverage NTSB materials in building aviation accident cases. Contact us for a free consultation about your claim.