The FMCSA will accept challenges for the new and updated crash types for crashes that occur on or after December 1, 2024.
Trucking companies now have one more reason to use in-cab cameras – being able to remove non-preventable crashes from their federal safety scores.
The Federal Motor Carrier Safety Administration has added four more scenarios to its list of crash types that motor carriers can apply to remove from their safety scores because they were non-preventable. These include a catch-all category for crashes where in-cab cameras provide video showing the sequence of events that led to the crash.
The changes mean camera systems are more important than ever for drivers and fleets, according to J.J. Keller.
Since May 2020, the FMCSA has allowed motor carriers and drivers to use DataQs to challenge the preventability of certain crashes under the Crash Preventability Determination Program (CPDP).
Counting non-preventable crashes in a motor carrier’s scores for its Compliance, Safety, Accountability program was one of the trucking industry’s biggest complaints when CSA 2010 rolled out.
Why Should a Trucking Company Petition FMCSA on Non-Preventable Crashes?
This program allows carriers to petition the agency for a non-preventable determination for certain crashes. If a crash is found non-preventable, this will:
- Lower the carrier’s CSA Crash Indicator BASIC score (which may reduce insurance premiums, along with lessening the likelihood of a carrier being prioritized for a DOT audit).
- Give employers a more accurate view of a driver’s history. This is because the Pre-employment Screening Program (PSP) will denote non-preventable crashes for the past five years.
The FMCSA will accept challenges for the new and updated crash types for crashes that occur on or after December 1, 2024. Crashes that occurred before that date will be evaluated under the eligibility criteria established in May 2020.
What New Crash Types Are Eligible for DataQ Review?
The four new scenarios added to the list of eligible crash types:
- CMV (commercial motor vehicle) struck on the side by another vehicle operating in the same direction.
- CMV struck because another vehicle entered the roadway from a private driveway or parking lot.
- CMV struck because another vehicle lost control, with a specific mention of the loss of control coming from the Police Accident Report.
- Any other type of crash involving a CMV where a video proves the sequence of events that led to the crash.
To be eligible for review, crashes falling into these four new categories must have occurred on or after December 1, 2024. No crashes occurring more than five years ago are eligible for review, no matter the type.
FMCSA will use the standard definition of preventable when reviewing the crash: ‘‘If a driver, who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred, and avoided it by taking steps within their control which would not have risked causing another kind of mishap, the accident was preventable.’’
J.J. Keller cites an example of preventability being an issue: If a CMV was struck in the rear but after turning in front of traffic or pulling off the shoulder in front of traffic.
When the FMCSA proposed adding these crash types in April 2023 and asked for public input, commenters asked the agency to include other crash types, Keller notes. However, at this time, FMCSA says it doesn’t plan to include additional crash types beyond the four in this announcement.
How are Non-Preventable Crash Review Requests Submitted?
The online DataQs website is used to submit requests for crash preventability reviews: https://dataqs.fmcsa.dot.gov.
Requests are currently taking an average of 90 days to process, according to the FMCSA.
J.J. Keller reminds motor carriers that requests must include the police accident report and other supporting documents, photos, or videos.
If you have questions about how to submit a DataQ request, the agency offers a step-by-step guide.
Full List of Crash Types Eligible for Non-Preventable Review
With the addition of these four crash types, that means for crashes that occur on or after December 1, 2024, the following crash types can be submitted for review.
- CMV was struck in the rear by a motorist.
- CMV was struck on the side at the rear by a motorist.
- CMV was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended.
- CMV was struck because another motorist was driving in the wrong direction.
- CMV was struck because another motorist was making a U-turn or illegal turn.
- CMV was struck because another motorist did not stop or slow in traffic.
- CMV was struck because another motorist failed to stop at a traffic control device.
- CMV was struck because another individual was under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred.
- CMV was struck because another motorist experienced a medical issue which contributed to the crash.
- CMV was struck because another motorist fell asleep.
- CMV was struck because another motorist was distracted (e.g., cellphone, GPS, passengers, other).
- CMV was struck by cargo or equipment from another vehicle, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road).
- CMV crash was a result of an infrastructure failure.
- CMV struck an animal.
- CMV crash involving a suicide death or suicide attempt.
- CMV was struck on the side by a motorist operating in the same direction as CMV.
- CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
- CMV was struck because another motorist lost control of the vehicle.
- CMV was involved in a crash with a non-motorist.
- CMV was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane, skydiver, or a deceased driver in another vehicle).
- Any other type of crash, not listed above, where a CMV was involved and a video demonstrates the sequence of events of the crash.
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