The Role of the NTSB in Aviation Accident Investigations: What to Expect

The skies, while vast and beautiful, demand unwavering vigilance. When the unthinkable happens and an aviation accident occurs, a specialized agency steps in to unravel the complexities and prevent future tragedies. That agency is the National Transportation Safety Board (NTSB). In 2024, the NTSB had a budget of $145 million and 437 employees. Understanding the NTSB’s role is crucial for anyone involved in or affected by an aviation accident.

What is the NTSB?

The NTSB is an independent U.S. government investigative agency responsible for civil transportation accident investigation. Established on April 1, 1967, it investigates and reports on aviation accidents and incidents, as well as certain types of highway crashes, ship and marine accidents, pipeline incidents, bridge failures, and railroad accidents. The NTSB is also in charge of investigating cases of hazardous materials releases that occur during transportation.

Unlike the Federal Aviation Administration (FAA), which focuses on regulation and enforcement, the NTSB’s primary mission is to determine the probable causes of accidents and make safety recommendations. The NTSB does not determine liability or award compensation.

NTSB Authority in Aviation Accident Investigations

The NTSB has broad authority to investigate civil aviation accidents in the United States and accidents involving U.S.-registered aircraft abroad. This authority includes the power to:

Examine and test any aircraft, engine, propeller, appliance, or property aboard the aircraft.
Interrogate witnesses.
Inspect files and facilities.
Obtain subpoenas and court orders for searches and seizures.

The NTSB also investigates certain foreign accidents when the accident involves a civil aircraft that is:

Of a U.S. operator.
Of U.S. registry.
Of U.S. manufacture.
When the U.S. is the state of design or manufacture of the aircraft or parts thereof.

What to Expect During an NTSB Investigation

When an aviation accident is reported, the NTSB initiates an investigation that typically proceeds in stages:

Initial Notification and Decision to Investigate: The NTSB is notified of an accident, and modal leadership decides whether to launch an investigation.
Go-Team Deployment: For major accidents, the NTSB deploys a “Go-Team” of specialists to the accident site, sometimes within hours of the event. The initial objectives include securing the crash site, documenting wreckage, collecting data from witnesses, and coordinating with the FAA and local authorities.
On-site Fact Gathering: NTSB investigators gather data and information needed to analyze the accident and determine a probable cause. This includes traveling to the accident site and gathering additional information from flight logs, maintenance records, and personal interviews.
Analysis of Findings: NTSB specialists analyze the information gathered to piece together a sequence of events and determine what happened to cause the accident.
Preliminary Report: A preliminary report summarizing basic facts like flight origin, time, and aircraft type is released within approximately 2–3 weeks. This report does not assign blame.
Factual Report: Months later, a factual report is released, including all technical findings—weather, mechanical issues, witness accounts, and pilot behavior.
Probable Cause Report: The final determination of what most likely led to the crash. This may take 12 to 24 months to complete, depending on the case’s complexity.

What the NTSB Investigates

The NTSB’s investigation covers all aspects of the flight, including:

Aircraft performance and mechanical systems.
Maintenance records and inspection logs.
Pilot qualifications and medical history.
Weather conditions and forecasts.
Air traffic control communications.
Flight path and data analysis.

If the crash involves a specific aircraft model with a known history of safety issues, investigators may also evaluate whether a design flaw or prior service bulletin played a role.

The NTSB’s Final Report and Safety Recommendations

The NTSB investigation results in a report of the facts and the NTSB’s analysis and probable cause of the accident or incident. The NTSB may also produce safety recommendations, safety alerts, or other safety information designed to improve transportation safety.

The NTSB issues safety recommendations to organizations best able to take corrective action, such as the US DOT and its modal administrations, the Coast Guard, other federal and state agencies, manufacturers, operators, labor unions, and industry and trade organizations. These recommendations are the NTSB’s most important product because they alert government, industry, and the public to the critical changes needed to prevent transportation accidents and crashes, reduce injuries, and save lives.

Congress has charged the Safety Board with investigating every civil aviation accident in the United States and significant accidents in the other modes of transportation and issuing safety recommendations aimed at preventing future accidents. Since the NTSB was launched in 1967, it has issued more than 12,480 safety recommendations; with more than an 82 percent acceptance rate.

The Role of NTSB Reports in Legal Cases

The NTSB does not assign liability or award compensation. However, its reports carry significant weight in civil lawsuits. For example, if the NTSB determines mechanical failure contributed to a crash, victims may pursue claims against the manufacturer or airline.

However, it’s important to note that NTSB determinations of probable cause are specifically excluded from the courts by federal law. This rule is meant to keep the NTSB’s opinions as to the cause of an accident out of the courts. While NTSB employees may testify as to facts, i.e. what they personally observed during investigation, the FAA requires they “shall” decline to testify regarding matters beyond the scope of their investigation and they “shall not give any expert or opinion testimony.”

How Aviation Accident Lawyers Can Help

Families seeking justice after an aviation accident should consult an aviation accident attorney early in the process. A lawyer can:

Monitor and interpret NTSB findings.
Launch a parallel investigation to identify liability.
Preserve key evidence, including maintenance logs and eyewitness accounts.
Consult independent aviation experts and accident reconstructionists.
Prepare legal claims once federal findings are published.

If you or a loved one has been involved in an aviation accident, it is essential to seek legal guidance from an experienced aviation accident attorney to understand your rights and options. An attorney can help you navigate the complex legal landscape and pursue the compensation you deserve.