Question

You are the chief pilot for an EMS helicopter operator. One of the company’s aircraft has crashed. You've gone alone to the accident scene to assist the NTSB. It's cold, dark and raining, and the scene is gory. Aboard were a pilot, two flight nurses, and a patient. None survived. The burned wreckage is barely recognizable as having been a helicopter, the occupants as humans. You know that this pilot, an old friend nicknamed “Buzz”, had a reputation for completing missions under weather conditions that others had refused to fly in. You are distraught. Immediately on your arrival, between you and the taped-off wreckage a gaggle of news reporters backed by TV cameras are shoving microphones in your face and asking you questions.

1. Can anything you say to them be used later as evidence in the event civil litigation arises out of the accident? Explain.

2. Could comments you make at this time and place, under these circumstances, later be afforded a special aura of truthfulness by a judge or jury? Explain.

3. What will you say (in your exact carefully-chosen words to them) and do with these reporters? Explain your reasoning.

FAA & NTSB investigators working together at the on-site investigation want to ask you some questions now. There is always the possibility that the investigation could ultimately lead to evidence of FAR violations and findings of a lack of due care on the part of the pilot, the company, and even yourself.

1. Can what you say here to the NTSB investigators in the presence of the FAA inspectors later be used as evidence in FAA enforcement proceedings?

2. If so, is there a way to preclude that use? If so, describe how you can accomplish that.

Answer 1

1. Can anything you say to them be used later as evidence in the event civil litigation arises out of the accident? Explain.

Anything said here can be used against you or the company you represent unless this was a formal conference.

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2. Could comments you make at this time and place, under these circumstances, later be afforded a special aura of truthfulness by a judge or jury? Explain.

Yes, the law bestows the “aura of truthfulness” in which the statement can be used for litigation, etc.

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3. What will you say (in your exact carefully-chosen words to them) and do with these reporters? Explain your reasoning.

Since any information at this time could be misleading or incorrect, it is best to make the following statement.”The accident is being investigated by the national transportation safety board, who are the federal government experts in crafts accident investigation and who will determine the probable cause” any further questions should be directed to the NTSB.

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1. Can what you say here to the NTSB investigators in the presence of the FAA inspectors later be used as evidence in FAA enforcement proceedings?

Because what I say here to the NTSB investigator and FAA inspector can be a report it may trigger FAA enforcement action and the report may provide evidence that can be used against you in relation to FAA enforcement cases and in civil litigation.

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2. If so, is there a way to preclude that use? If so, describe how you can accomplish that.

Through an analytical process for NTSB accident/incident reporting requirements, I can use it to determine whether to notify the NTSB of an event.