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 (FMCSA) introduced its Crash Preventability Determination Program (CPDP) to provide carriers with an opportunity to challenge the preventability of specific types of accidents. On a recent webinar presented by Infinit-I Training Management System, Trucksafe's president Brandon Wiseman provided an in-depth review of the CPDP, offered some tips on how best to leverage it, and summarized some upcoming changes to the program. Catch the replay below! This article summarizes the CPDP, its functionality, upcoming changes, and actionable steps motor carriers can take to benefit from it.
Background of FMCSA’s Compliance, Safety, Accountability Program
The CSA program, launched in 2010, is FMCSA’s primary enforcement tool for overseeing nearly 800,000 regulated motor carriers. The program encompasses:
Safety Measurement System (SMS): A scoring tool that evaluates motor carriers’ performance in seven categories, called Behavior Analysis and Safety Improvement Categories (BASICs). If you missed it, check out our 7-part webinar series on how CSA scores are calculated and what carriers can do to improve them!
Safety Fitness Determinations: These include safety ratings assigned to carriers based on audits.
Warning Letters and Interventions: Issued to carriers that surpass intervention thresholds in BASIC categories.
SMS scores are derived from violations recorded during roadside inspections, investigations, and crash data. These scores, expressed as percentiles, allow FMCSA to prioritize carriers for interventions. Notably, one BASIC—the Crash Indicator—incorporates DOT-recordable crashes, regardless of fault. This approach has drawn criticism for penalizing carriers for non-preventable accidents, prompting the development of the CPDP.
Introduction to the Crash Preventability Determination Program
The CPDP was established to address the unfairness of penalizing carriers for crashes their drivers could not have prevented. Through the program, crashes deemed non-preventable are removed from a carrier’s Crash Indicator BASIC score, providing relief in the form of lower scores.
Initially launched as a pilot program in 2020, the CPDP has since become a permanent FMCSA initiative. However, its scope remains limited to specific "eligible" crash types to ensure efficient review processes, given the agency’s resource constraints.
What Qualifies as a DOT-Recordable Accident?
To participate in the CPDP, carriers must understand the definition of a DOT-recordable accident, which we broke down in great detail in a prior article. Generally speaking, these accidents involve commercial motor vehicles and fall into one of three categories:
Fatalities: Any accident resulting in a death.
Injuries Requiring Treatment Away from the Scene: Accidents where an individual receives medical attention off-site.
Towing Due to Disabling Damage: Accidents requiring any vehicle to be towed because it cannot operate under its own power.
If an accident does not meet these criteria, it should not appear on a carrier’s SMS account. Carriers can use the DataQs system to dispute improperly recorded accidents.
Eligible Crash Types for CPDP
Assuming a carrier has incurred DOT-recordable accidents, then they will land on its Crash Indicator score. That said, if those accidents were non-preventable on their driver's part, the carrier could potentially leverage the CPDP to have them removed, but only if they meet the CPDP's eligibility guide.
Historically, the CPDP has accepted 16 specific crash types for review, including, for example:
Rear-end collisions where the commercial motor vehicle (CMV) is struck.
Accidents caused by other vehicles operating in the wrong direction.
Incidents involving legally parked or stopped CMVs.
Collisions due to other drivers’ DUI or impairment.
Animal strikes or driver-assisted suicides.
These categories were chosen because they are relatively straightforward to evaluate. For example, evidence such as police reports and video footage can clearly demonstrate that a crash was not preventable by the commercial driver.
Recent Changes to the CPDP
In December 2024, FMCSA announced an expansion to the program to include four new crash types and a few revisions to existing categories. We broke these down in detail in another article. Generally speaking, they include:
New Crash Types:
Side-impact collisions where the CMV is struck by a vehicle traveling in the same direction.
Crashes caused by vehicles entering the roadway from private driveways or parking lots.
Accidents resulting from other drivers losing control of their vehicles.
Any crash type where video evidence demonstrates the CMV driver’s non-preventability.
Revisions to Existing Categories:
The DUI category no longer requires proof of arrest, only evidence of intoxication noted in the police report.
The distraction category no longer mandates explicit admission from the other driver.
Multi-vehicle crashes are now eligible under specific circumstances.
Filing a Request for Review Through the DataQs System
To challenge a crash under the CPDP, carriers must use FMCSA’s DataQs system. Here is a step-by-step guide:
Log In: Access the DataQs system using your DataQs account. If you don't have one, you can register for one here.
Initiate a Request: Select the crash type review option.
Identify the Accident: Search for the crash using details such as the state, date, and DOT report number.
Identify the Appropriate CPDP Category: Select one of the available categories in which your accident falls.
Provide Evidence: Attach supporting documents, including the police report (mandatory), photos, and video footage, as available. Ensure file sizes do not exceed 25 MB.
Submit the Request: Include a detailed narrative explaining why the crash was non-preventable.
Tips for Successful Requests
Gather Comprehensive Evidence: Strong documentation, including police reports, photos, and dashcam videos, increases the likelihood of approval.
File Promptly: Submit requests as soon as possible. Crashes older than five years are not eligible for review.
Monitor Requests: The review process can take up to 90 days or more. Respond promptly to any FMCSA requests for additional information.
Conclusion
The Crash Preventability Determination Program is a powerful tool for motor carriers to ensure fair evaluation of their safety performance. By understanding the program’s eligibility criteria and filing effective requests through the DataQs system, carriers can mitigate the impact of non-preventable crashes on their CSA scores. Recent expansions to the program further underscore FMCSA’s commitment to addressing industry concerns, providing carriers with even more opportunities to protect their records and reputation.
About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.