Expert Insights on DOT Compliance
In-depth analysis, regulatory updates, and practical compliance guidance from transportation attorneys and industry experts.
How fleets can best leverage the Crash Preventability Determination Program
Dealing with DOT-recordable accidents is stressful for all involved and can be a significant regulatory challenge for motor carriers. These incidents, regardless of fault, often lead to higher CSA scores, increased insurance premiums, and potential reputational damage. For many years (and even to this day), frustration has lied for carriers in being penalized for crashes that their drivers could not have prevented. Recognizing these concerns, the Federal Motor Carrier Safety Administration (FMCS
FMCSA Updates the Crash Preventability Determination Program: What Fleets Need to Know
The Federal Motor Carrier Safety Administration (FMCSA) has finalized significant updates to its Crash Preventability Determination Program (CPDP), a key tool for fleets looking to improve their fleet compliance metrics including CSA scores. As forecasted in an earlier article, the CPDP, which allows motor carriers to challenge the classification of certain crashes as "non-preventable," is now being expanded to include new crash types and streamline the determination process. Here’s an in-depth
Brandon Wiseman
5 lessons from a terrible crash
On March 22, 2024, a concrete pumper truck veered into oncoming traffic on State Highway 21 in Texas, striking a school bus full of children and ultimately killing a 5 year-old and an adult. At the time of the crash, the bus was transporting 44 children and 11 adults home from a field trip to the Texas Zoo. According to reports, the driver of the concrete truck, 42 year-old Jerry Hernandez, admitted to law enforcement he had smoked marijuana the night before the accident, had used cocaine the mo
Brandon Wiseman
5 things fleets can do today to significantly reduce risk
In addition to operational concerns, regulated trucking companies are tasked with navigating a complex web of responsibilities, with the safety of their drivers, cargo, and the motoring public firmly at the core. And it's no secret that fleets have a big target on their back when things go sideways. The consequences of non-compliance and unsafe operations are severe, with fleet-wide shutdowns and multi-million dollar jury verdicts becoming increasingly common. Fortunately, there are ways to sign
Brandon Wiseman
FMCSA to broaden Crash Preventability Determination Program
The Federal Motor Carrier Safety Administration (FMCSA) has plans to expand the federal program through which regulated motor carriers challenge the preventability of accidents in which their drivers are involved. According to its notice published on April 12, 2023, the FMCSA proposes to broaden its Crash Preventability Determination Program (CPDP), such that more types of accidents will be eligible for a preventability ruling. The agency first stood up the CPDP in May 2020, following industry c
Brandon Wiseman
What property brokers MUST know about their role in highway accidents
In late 2022, the U.S. Supreme Court refused to hear a case involving C.H. Robinson, one of the largest property brokers in the world, in which Robinson was alleged to have negligently hired a motor carrier that caused a bad accident and severely injured the plaintiff in the case. Robinson contended these types of lawsuits against property brokers are preempted by a federal law known as the Federal Aviation Administration Authorization Act or FAAAA, which generally prohibits states from enforcin
Brandon Wiseman
What to do after a CMV accident
A serious accident involving your commercial vehicle is a trucking company's worst nightmare, and the consequences can be severe. According to FMCSA data, fatality accidents involving large trucks or buses decreased by 34% from 2005 to 2009 but increased by 31% between 2010 and 2020. And according to NHTSA data, the number of these types of accidents increased by yet another 13% from 2020 to 2021. As addressed in a prior article, these types of accidents are leading to multi-million dollar jury
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