FMCSA Adds 4 New Crash Types to Preventability Determination Program

Since May 2020, truckers have been able to file DataQs requesting that the Federal Motor Carrier Safety Administration (FMCSA) evaluate the preventability of 16 specific crash types. In April 2023, FMCSA proposed changes to existing and new crash types in the Crash Preventability Determination Program (CPDP) and announced a 60-day review and comment period for stakeholders.

ICSA filed comments on its members’ behalf to support a change, among others, that allows for submission of video demonstrating that the truck driver could not have prevented the crash. ICSA’s members have a built-in advantage with in-cab cameras in place that often show that the truck driver is not at fault in a crash.

We also joined American Trucking Associations, Inc. in supporting a change to the crash type originally worded as “When the CMV was struck by a driver who admitted to falling asleep or admitted to distracted driving”. Commenters pointed out that few, if any, guilty motorists would willingly admit to these serious errors and FMCSA removed the admission requirement.

In addition to allowing carriers to submit video demonstrating crashes as non-preventable, FMCSA added these three eligible crash types experienced by commercial vehicles. Additional crash types added to the CPDP are listed here:

• A truck is struck on the side by a motorist operating in the same direction;
• A truck is struck because another motorist enters the road from a driveway or parking lot;
• A truck is struck because another motorist loses control of their vehicle. (However, the Police Accident Report (PAR) filled out by the officer at the scene must specifically mention loss of control either in the citation, contributing factors and/or PAR narrative.)

For a complete list of crashes eligible to be deemed non-preventable, click here.