Most significant maritime accidents are investigated by port
state or flag state authorities who usually issue reports of their
findings. These reports often contain findings that would be useful
in the litigation that frequently results from a maritime accident.
Getting these reports admitted into evidence or otherwise using
them in litigation, however, can be challenging.
In the United States, investigations are conducted by the U.S.
Coast Guard ("USCG") or the National Transportation
Safety Board ("NTSB") under their respective statutory
authority to investigate marine accidents. These investigations are
generally not intended to fix blame, but instead seek to identify
causes and "lessons learned" to prevent future
occurrences. Consequently, the statutory authorities establishing
the USCG's and NTSB's investigatory powers provide that the
reports of these agency's investigations cannot be used in
litigation. For example, no part of a USCG report of a
