What an NTSB Report Can and Cannot Do for Your Claim
The NTSB describes itself, in its final reports, as "an independent federal agency charged by Congress with investigating every civil aviation accident in the United States." It says it determines "the probable causes of the accidents and events we investigate" and issues safety recommendations, and that it offers "information and other assistance to family members and survivors."
Three terms carry most of the weight. A preliminary report is the NTSB's early factual account, released while the investigation is open and stated to be subject to change; it names no cause. A final report closes the investigation. A probable cause is the NTSB's own stated determination of what caused the accident, which appears in the final report.
For the two closed records above, the NTSB's words are these. In ERA26LA148, the NTSB determined the probable cause to be "The flight instructor's decision to conduct a training flight in strong, gusting crosswinds, which resulted in the airplane's right wing impacting the ground during taxi." In ANC25LA110, it was "The pilot's failure to maintain directional control during the departure roll resulting in a collision with a tractor/loader." The site's page on pilot error in plane crashes explains why such findings are investigative conclusions, not court verdicts.
That difference is built into the agency's own rules. Its reports quote its regulation: investigations "are fact-finding proceedings with no formal issues and no adverse parties … and are not conducted for the purpose of determining the rights or liabilities of any person." And 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."
For a family, this means a probable-cause finding does not decide a lawsuit, and the absence of one does not end a claim. The NTSB's final reports also point to "A factual report that may be admissible under 49 United States Code section 1154(b)," so the agency treats its factual material differently from its report. Which pieces of the NTSB's material may be usable is one of the questions an attorney can help sort out.
Families of passengers on some flights have a further federal layer. 49 U.S.C. § 1136 applies to an aircraft accident in U.S. airspace "involving an air carrier or foreign air carrier, resulting in any loss of life," where the NTSB is the lead investigator. An air carrier, in plain terms, is a company carrying people or goods by air as a business. In those accidents the NTSB designates a director of family support services as a federal point of contact, a nonprofit organization coordinates emotional care and family support, and the NTSB, "to the maximum extent practicable," briefs families before any public briefing. The same section bars unsolicited communication by an attorney or potential party about a personal-injury or wrongful-death action before the 45th day after the accident, for accidents involving an air carrier providing interstate or foreign air transportation. If you lost someone on such a flight, the director of family support services is the person the law places between your family and the federal investigation.