1. After the plane crash …
What next?

2. Our aircraft is down

3. HERE COMES THE FEDS
THE LAWYERS ARE CIRCLING OVERHEAD (or have they landed)
WHAT IS AN OPERATOR TO DO?

4. IMMEDIATELY AFTER THE CRASH ACTIVATE YOUR RESPONSE PLAN FOR EMERGENCIES
Care Teams
Investigative Teams
Site Protection Teams
Manage Document Retention
Media Issues

5. NOTIFICATION TO:
A. The NTSB B. The FAA – POI C. If carrying mail, then the U.S. Postal Service D. Your Insurance Broker or Underwriter E. Your Attorney

6. WHAT YOU SHOULD DISCUSS AND WITH WHOM

7. With the NTSB
General Details of the Accident. Avoid Speculation, Admissions or Conjecture.
Issues of Preservation of Wreckage
Party Status
Records to be Recovered, Produced and Copied
Interviews to be Conducted and Who Should Attend
All Persons are Entitled to a Lawyer. 49 CFR Consider the issues of criminal and civil liability

8. All persons interviewed by the NTSB are entitled to legal representation. 49CFR831.7.
Given the potential for criminal prosecution, as well as civil liability, you should not allow any employee to be interviewed without legal representation.

9. THE INTERVIEW PROCESS INSIST ON YOUR ATTORNEY BEING PRESENT. WHY?
Assists in focusing responses
Protects due process rights as appropriate
Can ensure that summary as eventually typed accords with what you said
Can assist in gathering information

10. No documents should be given to the NTSB - or anyone for that matter - until they have been copied, catalogued, and cleared through legal counsel.
Any documents provided should be marked “Confidential”.

11. PILOT/OPERATOR ACCIDENT REPORT NTSB FORMS
IMPORTANT ITEMS TO CONSIDER

12. NARRATIVE HISTORY OF FLIGHT
RECOMMENDATION (How this accident could have been prevented?)

13. Anything they want, make sure to keep copies Interviews
WITH THE FAA
After notification, then liaise with their representatives providing same general information as to the NTSB
Anything they want, make sure to keep copies
Interviews

14. INTERVIEWS WITH THE FAA
Need for an attorney or third party witness
Why?
FAA has two roles: Safety investigation and enforcement
Issues Relating to Use of the FAA or NTSB interviews in later enforcement and proceedings

15. FAMILY ASSISTANCE ACT: RESPONSIBILITIES TO NTSB AND FAMILIES
Timely Notifications to Families
Facilitate for Family Members
Lodging and Meals
Provide Facts and Coordinate Information to NTSB
Payments
Briefings

16. It governs your communications with the family or passengers
FAMILY ASSISTANCE ACT
It governs your communications with the family or passengers
Be careful of unsolicited contact
Develop a family assistance plan

17. DO YOU NEED TO HIRE SOMEONE TO ASSIST YOU IN YOUR FAMILY ASSISTANCE MANDATED ACTIVITIES?
WHO PAYS FOR THE THIRD PARTY WHO ASSISTS YOU?
CAN YOU COVER THOSE EXPENSES WITH INSURANCE?

18. NOTIFICATION TO YOUR BROKER/UNDERWRITER
General details of the accident
Activities you have or plan to undertake
On-scene Activities you have undertaken

19. Robert L. Richmond, Esq. Richmond & Quinn 360 K Street, Suite 200 Anchorage, Alaska Telephone Facsimile: