1. You've gone alone to accident the 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 called “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. Can anything you say be used later as evidence in the event civil litigation arises out of the accident? Explain.

 

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

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

 

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