The Anatomy of a National Transportation Safety Board (NTSB) Accident Investigation

When a transportation calamity occurs, anyone with any connection to the incident (including, of course, those who provided the service, equipment or maintenance) is soon to be under careful scrutiny by the media as well as law enforcement officials and local, state and federal investigators and regulators. If the calamity is large enough, or involves aviation or certain national transportation issues, the National Transportation Safety Board (NTSB) may choose to launch an investigation as well.

The NTSB generally has priority over all federal, state and local agencies in the investigation of any transportation calamity. They also have surprisingly broad discretion. Companies and attorneys not familiar with the NTSB investigation process are at a significant disadvantage in any attempt to learn the process in the midst of an active investigation.

Wilson Elser’s Tom Tobin, an engineer as well as an attorney, has counseled dozens of transportation providers and manufacturers in rail, aviation, marine, highway and pipeline NTSB investigations. He provides a comprehensive overview of the NTSB investigation process and offers detailed, practical tips and suggestions as to how to best assist the NTSB while also safeguarding your company’s own interests. Along the way, he identifies common mistakes made by companies and their counsel who are not familiar with the NTSB investigation process.

Learning Objectives:

I.     Understand the structure and motivations of the NTSB

II.    Obtain insight into how and when the NTSB decides to investigate an accident or incident

III.   Know what to expect when the NTSB Investigator-in-Charge (IIC) and his or her team arrives on-scene

IV.   Anticipate the NTSB investigation group structure and the party process – have a plan as to how best to actively participate

V.    Know how important it is to thoroughly prepare for NTSB Public Hearings

VI.   Understand the importance of thoroughly vetting NTSB Group Factual Reports and how to best recommend changes and corrections

VII.  Prepare Proposed Findings & Recommendations and understand how important they are

VIII. Grasp the opportunity afforded by meetings with the individual NTSB Members before the NTSB Accident Report is finalized

IX.   Understand the potential involvement of NTSB staff and their documents and reports in litigation related to the calamity at issue