How NTSB Investigations Affect Civil Aviation Claims

Aviation accident investigations conducted by the National Transportation Safety Board are designed to improve safety and determine probable cause. Civil litigation, however, proceeds independently under separate legal standards. The following discussion addresses how those processes interact and what individuals and families may expect during that period.

What to Expect

We understand that you may not know what to expect. For decades, we have guided our clients from the initial National Transportation Safety Board investigations through the conclusion of a legal case. Our evaluation is independent of what the NTSB may do (or not do). More importantly, the findings of the NTSB are not permitted to be used in a legal claim. Therefore, nothing the NTSB does determines your legal rights in a personal injury or wrongful death claim.

On average there are three general aviation aircraft accidents per day in the United States (as compared to airline accidents, which are far fewer in number). The government’s investigation of accidents involving civilian aircraft in the United States is conducted by the National Transportation Safety Board.

Upon opening an investigation, the NTSB assigns an Investigator-in-Charge (“IIC”), who then contacts the manufacturers of the aircraft, the engines, the propellers (if propeller-driven), and when relevant, the avionics. A representative from each manufacturer may become a formal “participant” in the government’s investigation. The NTSB’s structure allows manufacturers to provide technical information regarding their products during the investigative process.

NTSB investigators are tasked with determining probable cause for safety purposes. Their conclusions are separate from the civil litigation process. In some instances, subsequent civil litigation has involved evidence or expert analysis that was not fully developed during the government investigation.

USA Today authored an investigative article examining certain general aviation accidents and the investigative process. The article referenced several cases handled by the lawyers at Katzman, Lampert & Stoll. In those matters, questions arose regarding whether mechanical or design issues contributed to accidents initially attributed to other causes.

The NTSB frequently takes a significant period of time to conduct its investigations. While there is variation state-by-state, most wrongful death and personal injury statutes of limitation in the United States are approximately two years. The timing of a government investigation does not extend or suspend the legal deadline for filing a civil claim.

During the investigative period, you may receive periodic updates from the NTSB. These updates are typically limited in scope. Investigators generally do not publish their conclusions until the final report is issued.

We seek timely access to aircraft wreckage and related evidence so that it may be evaluated by qualified independent experts. In some cases, multiple inspections or laboratory analysis are necessary.

Once a lawsuit is filed, you can expect periodic updates. Your participation in the litigation process may include providing information, attending a deposition, and, if necessary, attending trial. We strive to make the process orderly and professional and to avoid unnecessary burden.

While the legal system cannot undo an accident or restore what has been lost, it provides a framework for financial recovery when injuries or death are caused by fault. Each case involves risks and uncertainties. Our role is to provide experienced guidance and to pursue claims ethically and diligently under the governing law.