Navigating The NTSB Aviation Investigation Process
After an aviation accident, understanding the federal investigation process is an important step toward protecting your rights. At Nolan Law Group, our Chicago aviation accident attorneys have represented victims and families throughout Illinois, the United States and internationally for over 40 years. Having recovered more than $150 million in verdicts in three recent aviation accident cases alone, we know how technical investigations intersect with complex civil litigation and why immediate legal action can make a significant difference.
The National Transportation Safety Board (NTSB) is the independent federal agency that investigates civil aviation accidents to determine their technical causes and improve aviation safety, not assign legal fault. Under 49 U.S.C. § 1154, NTSB reports and probable cause findings generally cannot be used to establish civil liability in court. Because those findings cannot prove fault in a lawsuit, families should retain an experienced aviation attorney immediately to conduct a parallel civil investigation while critical evidence remains available.
The Three Phases Of An NTSB Investigation
Federal aviation investigations generally progress through three distinct stages:
- Go Team response: During the first seven to 14 days, investigators secure the wreckage, review radar data and recover the flight data recorder and cockpit voice recorder when available.
- Preliminary report: Within several weeks, the NTSB releases a factual report containing initial findings without assigning fault.
- Final probable cause report: Over the next 12 to 24 months, investigators will complete technical analysis before issuing the final report and safety recommendations.
Although this process provides valuable technical information, families should remember that the NTSB’s investigation serves a safety purpose rather than determining civil liability.
The Structural Exclusion Of Victims And Families
The NTSB conducts investigations through its “party system,” which allows organizations with technical expertise to participate in the investigative process. Airlines, aircraft manufacturers such as Boeing or Airbus and component manufacturers may all assist investigators by providing technical information. Victims, surviving family members and their attorneys, however, are excluded from participating. Because potential corporate defendants have access to the technical investigation while families do not, independent legal representation becomes essential.
A parallel civil investigation allows your attorney to preserve evidence, retain qualified aviation and metallurgical experts, and begin developing your claim while the federal investigation remains focused exclusively on transportation safety.
Securing Independent Legal Accountability
While the NTSB works to prevent the next aviation accident, Nolan Law Group works to hold corporations accountable for the accident that has already changed your life. Our Chicago attorneys immediately initiate parallel civil discovery, arrange independent metallurgical testing when appropriate and secure witness testimony through timely depositions before critical evidence is lost.
Call us at 312-820-2071 or complete our online contact form to discuss your case with an experienced Chicago aviation attorney.
