Government Agencies

Following an airline disaster, representatives of the National Transportation Safety Board (NTSB) and other government agencies are usually among the first to communicate with victims and their families specifically about the accident and the circumstances surrounding it. Naturally, this is a period when those whose lives have been affected by the disaster are at their most vulnerable and confused. Especially when fatalities and severe injuries are involved, families of victims often feel too overwhelmed to function, let alone evaluate the resources and options available to them. Many of these families misunderstand the role of government agencies in the aftermath of an aviation disaster, believing that the NTSB and other agencies will protect and explain their legal rights.

If someone you love has been injured or killed in an airline accident, it is vital that you understand precisely what government agencies can and cannot do for you and your family. While representatives of these agencies are trained to act with compassion and sensitivity during the course of their investigations, it is neither their aim nor their obligation to promote your personal interests. Some of these organizations do provide useful services for families following an accident; however, they will not provide the answers you need regarding your legal options, nor will they provide the individualized support and attention most families require following an accident of such magnitude. In short, government agencies do NOT operate with your personal interests at heart.

The National Transportation Safety Board (NTSB)

An independent federal agency, the National Transportation Safety Board (NTSB) was established in 1967 to investigate significant transportation accidents, including all U.S. civil aviation accidents. The primary purpose of the NTSB’s investigations is to determine the most likely cause of these accidents, using this information as the basis for recommendations on how various modes of transportation can be made safer. The NTSB also maintains the federal database of civil aviation accidents. Although many of its recommendations have led to improvements in the safety of commercial flights, the NTSB is not an enforcement agency and therefore has no regulatory power over the airline industry or manufacturers of aviation equipment.

It is important to note that, in the course of their investigations, NTSB agents rely heavily on manufacturers of aviation equipment and other industry professionals as sources of “expert” information. Although they do conduct confidential interviews with victims and their families, the published accident reports are often biased in favor of the airline industry. Furthermore, these reports draw conclusions only as to the cause of an accident. NTSB agents have neither the authority nor the legal expertise to determine which party or parties are liable for the damages that result from the accident.

The NTSB does, however, provide federal resources to the local authorities, including family counseling, victim identification and forensic services, communications with foreign governments, and translation services. The agency also offers Family Assistance Centers, or FACs, to aid families whose loved ones were killed or severely injured in an accident. NTSB agents are specially trained in crisis response and are able to demonstrate compassion, sympathy, professionalism, and a certain level of technical expertise over the course of their investigations. They are also bound to keep absolutely confidential any information provided by family members and victims during discussions, interviews, counseling, and other exchanges of personal information.

Depending on the magnitude of the accident, the NTSB may notify other federal agencies, at which point the NTSB will be responsible for coordinating and integrating their services into a more comprehensive assistance plan for victims and their families. The NTSB will continue to lead the investigation unless it is discovered that the accident resulted from a criminal act, in which case the Federal Bureau of Investigations (FBI) will assume control.

The Director of the NTSB has the authority to notify any or all of the following federal agencies:

Department of State

The Department of State (DOS) may be designated to assist the families of foreign victims of commercial aviation accidents. Among other services, the DOS provides translation assistance, conducts correspondence with foreign governments, helps to maintain contact with families of victims who cannot travel to the United States, assists families of victims who wish to enter the United States, and collects personal information about the victims to distribute to the appropriate agencies.

The Department of Health and Human Services

In serious aviation accidents, the Department of Health and Human Services (DHHS) assists with victim identification, forensic services, and medical services. In accidents involving fatalities, the DHHS communicates with family members, medical examiners, airline representatives, morgue personnel, and the NTSB to ensure proper identification and handling of the victim’s remains. The organization may also be charged with providing professional medical care for injured victims.

Federal Emergency Management Agency (FEMA)

Upon request of the NTSB, the Federal Emergency Management Agency (FEMA) offers media and other communications services following an aviation accident. FEMA personnel may be asked to assist in disseminating public information through the establishment and staffing of external media support centers at sites that might attract attention from television, print, and other news media. In addition, FEMA may be asked to facilitate the transmission of voice and data communications between personnel at the crash site and the NTSB Communications Center.

The American Red Cross

The American Red Cross (ARC) is often asked to assist the NTSB, the airline, and other local and federal agencies in coordinating support services for families of victims after an aviation disaster. These services can include crisis and grief counseling, the establishment of private grieving centers, the coordination of childcare facilities for families who bring children to the site, and the organization of inter-faith memorial services. The ARC is also responsible for referring families to mental health professionals and support groups in their local areas, as well as for arranging for their support services to be made available locally to families that cannot travel to the site of the disaster.

Department of Justice

If the NTSB determines that an aviation disaster was caused by a criminal act, the Department of Justice (DOJ) will be responsible for disclosing information to victims and their families as mandated under applicable laws, as well as keeping them up to date on the progress of the criminal investigation. It is important to note that, while the Department of Justice will certainly be involved in any criminal prosecution that takes place, it does not offer individual representation to victims and their families, nor will it seek damages on their behalves.

The Federal Aviation Administration

One of the primary purposes of the Federal Aviation Administration (FAA) is to ensure the safety of airline passengers, pilots, and crew through implementing and enforcing civil aviation regulations. The FAA is a separate entity from the NTSB, having been a part of Department of Transportation since 1967; however, the FAA is frequently requested by the NTSB to assist in accident investigations. Its responsibilities in such cases include gathering information regarding the qualifications and proficiency of the flight crew, securing copies of airport control tower tapes and air route traffic control tapes, and verifying that navigational aids (NAVAIDS) functioned properly. The FAA is also solely responsible for investigating general aviation accidents that do not result in fatalities and accidents involving agricultural aircraft.

Federal Bureau of Investigational Operations Center (FBI)

If the probable cause of an aviation disaster is deemed to be criminal in nature, the Federal Bureau of Investigational Operations (FBI) will assume control over the investigations from the NTSB. The NTSB may also request the assistance of the FBI Disaster Squad, which has particular expertise in fingerprinting, in establishing positive identifications of those who lost their lives in airline accidents.

Further Information about Government Agencies

To learn more about government agencies and what they can and cannot do for aviation accident victims and their families, please consult the following websites:

www.ntsb.gov

www.faa.gov

www.fbi.gov