Effective December 1, 2024, the Federal Motor Carrier Safety Administration (FMCSA) added four additional scenarios, including one specifically allowing for the use of dash cam evidence. The changes bring the total eligible crash types to 21.
WHAT IS THE CPDP?
The Crash Preventability Determination Program (CPDP) allows a carrier to ask the FMCSA to review a crash and determine preventability. If the crash is found not preventable, it will not be scored in the carrier’s Crash BASIC in the compliance, safety, and accountability program.
PREVIOUS TYPE OF ELIGIBLE CRASHES
For several years, a carrier could request a review for these types of crashes.
- The commercial motor vehicle (CMV) was struck in the rear or on the rear corner (7:00 and 5:00 positions).
- The CMV was struck by a motorist driving the wrong direction, a motorist that was struck by another motorist going in the wrong direction, or a motorist making an illegal turn or U-turn.
- The CMV was struck when it was legally stopped or parked.
- The CMV was struck by another vehicle that failed to slow or stop in traffic, or a vehicle that failed to stop for a traffic control device (such as a red stop light or stop sign).
- The other party involved in the crash or incident was under the influence or the CMV is struck by a vehicle that was struck by another motorist that was under the influence.
- The other driver suffered a medical emergency, admitted to falling asleep, or admitted to driving when distracted.
- The crash involved cargo, equipment, or debris striking the CMV, or an infrastructure failure.
- The CMV struck an animal.
- The other party committed suicide or attempted suicide by crashing into or stepping in front of the CMV; and,
- The CMV was involved in a non-preventable rare or unusual crash (such as the CMV being hit by an out-of-control skydiver).
ADDITIONAL CRASH TYPES ELIGIBLE FOR REVIEW
The following crashes, occurring since December 1, 2024, were added to the list of eligible categories.
- Crashes involving non-motorists. While not a new type, FMCSA has separated this into its own category. This type of crash used to be in the rare or unusual category.
- The CMV was struck on the side by a motorist going the same direction (would require a Police Accident Report (PAR) indicating the other party struck the CMV).
- The CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
- The CMV was struck because another motorist lost control of their vehicle (would require a PAR indicating the other party lost control prior to striking the CMV).
- Any type of crash where video provided by the carrier demonstrates the crash was not preventable.
IMPORTANCE OF DASH CAMERAS
The last addition is important to understand. If the crash is one that does not fit into one of the other eligibility categories, but the carrier can provide video footage showing the crash was not preventable (the driver did everything reasonable to avoid involvement in the crash), FMCSA will review the crash. Previously, if a crash did not fit one of the eligibility categories, it would not be reviewed, even if there was dash camera video footage proving the crash was not preventable.
This change will allow carriers that have and use dash cameras to ask for a preventability determination on a wider range of crashes.
HOW THE SYSTEM WORKS
To request a preventability review, the carrier must initiate a DataQs request for data review (RDR) asking for a preventability determination. The carrier must provide a copy of the PAR and any other documents the carrier can submit to support its argument. If there was a fatality, the post-crash drug and alcohol test results are also required. In all crash types, supporting information can include video footage from a dash camera.
If the carrier does not submit its copy of the PAR or does not respond to FMCSA’s requests for follow-up information, the crash will be found ineligible (and no determination will be made) or the determination of “undecided” will be assigned to the crash.
KEY TO REMEMBER
Having the option of using dash camera footage to prove preventability for any type of crash type is a game changer. Motor carriers can now ask for crash determinations on categories previously denied, allowing for a wider range of accidents to be considered through an RDR.
ABOUT THE AUTHOR
Tom Bray, senior industry business advisor, has been with J. J. Keller & Associates, Inc., since 2005. He has a wealth of experience in DOT compliance, policy development, safety management, and driver hiring/HR. Bray was even a driver early in his career, so he’s seen the industry from almost every angle. He presents his knowledge at live events around the country and supports customers through on-site visits. He actively participates in the Wisconsin Safety Management Council (WSMC) and Commercial Vehicle Safety Alliance (CVSA). He is also a regular webcast presenter with the National Private Truck Council (NPTC).
