FMCSA RELAUNCH
FMCSA RELAUNCHES
CRASH PREVENTABILITY
DETERMINATION
PROGRAM
On May 1, 2020, the
Federal Motor Carrier
Safety Administration
(FMCSA) announced that
it was relaunching and
expanding the Crash Preventability
Determination Program (CPDP).
The CPDP was previously launched
as a pilot program in July of 2017, but
was suspended last year while the
administration made adjustments.
The program allows motor carriers
and drivers to argue that a crash was
not preventable. This is important,
as nonpreventable crashes are not
counted against a motor carrier in
the FMCSA’s Compliance, Safety,
Accountability (CSA) system. As such,
the crash would not result in a higher
chance of the carrier being targeted
for warning letters or investigations.
For drivers, a nonpreventable crash
has less of a chance of affecting future
employment prospects.
The program is available for crashes
that occurred on or after Aug. 1,
2019. Carriers or drivers who want to
challenge the preventability of a crash
can submit a Request for Data Review
through the FMCSA’s DataQs website.
Submissions should include a police
accident report and any photos, videos
or other supporting documents.
The relaunched version of the program
expands upon the types of crashes
eligible for inquiries compared with
its pilot predecessor. Motor carriers
and drivers can now submit requests
for review for the following types of
collisions:
• Struck in the rear—When a
commercial motor vehicle (CMV)
was struck in the rear or on the side
at the rear
• Wrong direction or illegal turns—
When a collision was caused by
either driver operating in the wrong
direction, or by another motorist
making an illegal turn
• Parked or legally stopped—When
a CMV was struck while parked or
legally stopped at a traffic control
device
• Failure of the other vehicle to
stop—When a CMV was struck by a
motorist who failed to obey a traffic
control device, or did not stop or
slow in traffic
• Under the influence—When a
collision involved a motorist under
the influence, such as operating
while intoxicated
• Medical issues, falling asleep
or distracted driving—When a
CMV was struck by a motorist
experiencing a medical issue that
contributed to the collision, or by
a motorist who fell asleep or was
distracted
• Cargo/Equipment/Debris or
Infrastructure Failure—When a
CMV was struck by cargo, equipment
or debris, or an accident stemmed
from the failure of infrastructure
• Animal strike—When a CMV struck
an animal
• Suicide—When a CMV struck a
person committing, or attempting to
commit, suicide
• Rare or unusual—When a collision
does not meet another eligible type
and may have had an unusual factor,
such as an airplane or a deceased
driver
Learn more about the relaunch at
fmcsa.dot.gov/crash-preventabilitydetermination-program.
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BY: GWENYTH P. LUU, CLCS
DIRECTOR - COMMERCIAL LINES
JGS INSURANCE
Gwenyth Luu helps organizations
improve their bottom line and lower their
total cost of risk by implementing the
JGS Proactive Service Platform. The JGS
Proactive Service Platform is an inclusive
strategy that focuses on primary cost
drivers of a risk management program.
Gwenyth helps businesses understand
all of their potential and actual costs
and liabilities, execute an actionable
strategy, and deliver superior client
service and support. The JGS Proactive
Service Platform is driven by continuous
strategy and service delivered on a daily
basis throughout the year. The service
platform includes risk control strategies,
claims advocacy and management,
contract reviews and insurance program
design reviews.
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