Aviation Accident Law Explained

This page provides plain-language context for how U.S. aviation investigations and federal aviation law typically operate after an aircraft accident or serious incident. It is intended as an educational resource and does not describe the facts of any single event unless those facts are publicly reported in a separate incident analysis.

How U.S. Aviation Accident Investigations Work

In the United States, the National Transportation Safety Board (NTSB) leads investigations into civil aviation accidents and certain serious incidents. The NTSB’s purpose is to determine the probable cause and issue safety recommendations. The Federal Aviation Administration (FAA) is the primary regulator of civil aviation safety and participates in investigations, particularly where regulatory compliance, certification, or operational oversight may be relevant.

NTSB vs. FAA: Different Roles

• NTSB: Investigates accidents, analyzes evidence, determines probable cause, and issues safety recommendations.
• FAA: Regulates aviation safety, sets operating and airworthiness requirements, oversees certificate holders, and may take compliance or enforcement actions independent of the NTSB’s findings.

What Evidence Investigators Use

Accident investigations typically rely on multiple evidence streams. Depending on the event, investigators may review flight data recorder and cockpit voice recorder information, air traffic control communications, maintenance records, meteorological data, aircraft performance information, and wreckage examinations. Investigators also consider human performance factors and operational procedures where relevant.

How Technical Findings Interact With Civil Litigation

Technical findings and civil litigation are distinct processes. An NTSB investigation focuses on safety, not legal liability. Civil claims, where they arise, typically proceed under applicable federal and state law, and may involve questions of jurisdiction, choice of law, and evidentiary standards. Courts may consider accident-related evidence, but the legal issues are not the same as the NTSB’s probable cause analysis.

Why Timing Matters

Immediately after an accident, public reporting and early official statements may be incomplete. Investigations can take months to years, with preliminary information often limited to confirmed factual items. Final reports generally provide the most complete account of verified facts and the agency’s analysis.

Core Topics Covered in Aviation Accident Law

• Federal investigative process: how evidence is collected, analyzed, and published.
• Regulatory oversight: FAA certification, operational rules, and continuing airworthiness.
• Litigation frameworks: how aviation cases can involve federal preemption, international treaties, and forum selection.
• Evidence and standards: how technical data may be presented and challenged in court.

Related Resource

For a step-by-step overview of federal aviation accident investigations, see how the NTSB investigates aircraft accidents.