How the NTSB Investigates a Helicopter Accident
For a family waiting on answers, it helps to know what the NTSB is trying to find, and what it is not. Under 49 C.F.R. § 831.4, the NTSB investigates "to determine the facts, conditions, and circumstances relating to an accident," then uses those results "to determine one or more probable causes" and "to issue safety recommendations." The same section says an investigation may result in a report or brief of the NTSB's conclusions, or other products such as factual records and safety recommendations.
An investigation usually reaches the public in stages. A preliminary report is an early, factual account issued while the investigation is still open; it is not a finding of cause. A final report is the completed product, and it states the probable cause. If you are following an open investigation, nothing published before the final report should be read as the agency's conclusion.
The 2022 report shows what investigators can draw on: engine data recorder values, airport security video, the pilot's interview, training records and an examination of the seats. It also notes, "The NTSB did not travel to the scene of this accident."
The NTSB is not a court. Section 831.4 says its 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." The final report repeats that the NTSB "does not assign fault or blame."
Congress added a rule that surprises many families. Under 49 U.S.C. § 1154(b), "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 NTSB's own report notes that a factual report "that may be admissible" is available in its docket. In practice, a civil claim cannot rest on the NTSB's conclusions; it depends on evidence gathered and proven separately. If you are weighing a claim, that means your own photos, records and witness names may matter more than the NTSB's finding. An attorney can help explain what the docket holds and what evidence has to be developed independently.