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Aviation accident investigations always assign blame when it can be determined. In this particular case [1]: > The National Transportation Safety Board determi

Aviation accident investigations always assign blame when it can be determined. In this particular case [1]: > The National Transportation Safety Board determines that the probable cause of this accident was the captain’s inappropriate response to the activation of the stick shaker, which led to an aerodynamic stall from which the airplane did not recover. Contributing to the accident were (1) the flight crew’s failure to monitor airspeed in relation to the rising position of the lowspeed cue, (2) the flight crew’s failure to adhere to sterile cockpit procedures, (3) the captain’s failure to effectively manage the flight, and (4) Colgan Air’s inadequate procedures for airspeed selection and management during approaches in icing conditions. [1] https://www.ntsb.gov/investigations/AccidentReports/Reports/AAR1001.pdf https://www.ntsb.gov/investigations/AccidentReports/Reports/...

elliekelly 8y ago
The primary purpose of the NTSB is to prevent future accidents. Any "blame" they assign is in furtherance of that purpose, not punishment. So critical is this to the NTSB's mission that any conclusion the agency draws as to the cause of an accident cannot be submitted as evidence of civil liability[1] in court and every NTSB report includes a footnote to that effect. You'll find it on page 4 of the document you've linked. [1] The report would be hearsay in a criminal case and admissible only if the government demonstrates an exception to the rule against hearsay evidence.
FabHK 8y ago
Woah, slow there. The NTSB tries to determine "Probably cause". That's a far cry from assigning blame. In particular, on every NTSB report there's a big box specifically saying (my emphasis): > The NTSB does not assign fault or blame for an accident or incident; rather, as specified by NTSB regulation, “accident/incident 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.” 49 C.F.R. § 831.4. Assignment of fault or legal liability is not relevant to the NTSB’s statutory mission to improve transportation safety by investigating accidents and incidents and issuing safety recommendations. Furthermore, to "ensure that Safety Board investigations focus only on improving transportation safety, the Board's analysis of factual information and its determination of probable cause cannot be entered as evidence in a court of law."

elliekelly 8y ago

The primary purpose of the NTSB is to prevent future accidents. Any "blame" they assign is in furtherance of that purpose, not punishment. So critical is this to the NTSB's mission that any conclusion the agency draws as to the cause of an accident cannot be submitted as evidence of civil liability[1] in court and every NTSB report includes a footnote to that effect. You'll find it on page 4 of the document you've linked. [1] The report would be hearsay in a criminal case and admissible only if the government demonstrates an exception to the rule against hearsay evidence.

FabHK 8y ago

Woah, slow there. The NTSB tries to determine "Probably cause". That's a far cry from assigning blame. In particular, on every NTSB report there's a big box specifically saying (my emphasis): > The NTSB does not assign fault or blame for an accident or incident; rather, as specified by NTSB regulation, “accident/incident 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.” 49 C.F.R. § 831.4. Assignment of fault or legal liability is not relevant to the NTSB’s statutory mission to improve transportation safety by investigating accidents and incidents and issuing safety recommendations. Furthermore, to "ensure that Safety Board investigations focus only on improving transportation safety, the Board's analysis of factual information and its determination of probable cause cannot be entered as evidence in a court of law."