How the NTSB Investigates a General Aviation Accident
The NTSB is the federal agency that, in its own words, is "charged by Congress with investigating every civil aviation accident in the United States." Its regulation, 49 C.F.R. § 831.4, says it investigates "to determine the facts, conditions, and circumstances relating to an accident," uses the results "to determine one or more probable causes," and issues safety recommendations. The same section adds a line that matters to families: NTSB investigations "are fact-finding proceedings with no adverse parties" and "are not conducted for the purpose of determining the rights, liabilities, or blame of any person or entity."
Under 49 C.F.R. § 831.13, the information an investigation covers includes photographs, physical evidence from the scene, interview statements, wreckage documentation, flight data and surveillance video, and parties participating in the investigation must generally provide that information promptly to the NTSB. Each of the reports above notes that the airplane "was retained for further examination" or lists the FAA office that took part.
Until a final report issues, an investigation is open, and no probable cause has been stated. A notice or preliminary report is a snapshot, not an answer.
The most important rule for anyone thinking about a civil claim comes from federal law. 49 U.S.C. § 1154(b) provides: "No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report." The same section separately limits discovery of cockpit recorder recordings and transcripts. The NTSB's process and a lawsuit run on separate tracks, and a person waiting on one is not moving the other forward. A question worth raising with an attorney is which evidence outside the NTSB's reports may matter, and how it can be identified while the investigation continues.