In 2023 the Federal Motor Carrier Safety Administration announced the beginning of the Crash Preventability Determination Program (CPDP). Under the CPDP, motor carriers could submit a Request for Data Review (RDR), asserting that a truck-involved crash was non-preventable and should not be used in calculating a motor carrier’s Crash Indicator BASIC as part of FMCSA’s Safety Measurement System. (BASICs, Behavior Analysis and Safety Improvement Categories, are now called “compliance categories.”)
An RDR must be accompanied by the Police Accident Report (PAR) for the incident, plus any documents, photos and videos that demonstrate that the crash fits one of the categories eligible for review and that the crash was not preventable.
FMCSA has added four more eligible crash types, bringing the total number of eligible crash types to 21:
- CMV struck on the side by a motorist operating in the same direction.
- CMV struck because another motorist was entering the roadway from a private driveway or parking lot.
- CMV struck because another motorist lost control of their vehicle.
- Any other type of crash involving a CMV where a video demonstrates the sequence of events of the crash.
In determining preventability, FMCSA uses this standard:
If a driver, who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap, the accident was preventable.
The full list of eligible crash types can be found at https://www.govinfo.gov/content/pkg/FR-2024-12-04/pdf/2024-28377.pdf.
FMCSA reminds carriers that non-preventable determinations do not establish legal liability, fault or negligence by any party. But they can help a carrier’s safety rating at FMCSA.
FMCSA provides detailed guidance on the CPDP at (https://www.fmcsa.dot.gov/crash-preventability-determination-program), as well as graphics depicting crashes that are, and that are not, eligible for review at (https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-02/CPDP%20Eligibility%20Guide.pdf).