Which crashes qualify as ‘not preventable’ for a DataQs challenge?

Qualifying crashes

A crash is eligible for a preventability review if the commercial motor vehicle:

• Was struck in the rear by a motorist.
• Was struck on the side at the rear by a motorist.
• Was struck on the side by a motorist operating in the same direction as the CMV.
• Was struck because another motorist was driving in the wrong direction.
• Was struck because another motorist was making a U-turn or illegal turn.
• Was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended.
• Was struck because another motorist did not stop or slow in traffic.
• Was struck because another motorist failed to stop at a traffic control device.
• 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.
• Was struck because another motorist experienced a medical issue which contributed to the crash.
• Was struck because another motorist fell asleep.
• Was struck because another motorist was distracted (e.g., cellphone, GPS, passengers, other).
• Was struck by cargo or equipment from another vehicle, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road).
• Was involved in a crash resulting from an infrastructure failure.
• Struck an animal.
• Was involved in a crash involving a suicide death or suicide attempt.
• Was struck because another motorist was entering the roadway from a private driveway or parking lot.
• Was struck because another motorist lost control of the vehicle.
• Was involved in a crash with a non-motorist.
• Was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane or skydiver or being struck by a deceased driver in another vehicle).
• Was involved in any other crash where a video demonstrates the sequence of events of the crash.

Individuals submitting Requests for Data Review (RDRs) through DataQs for eligible crashes should include supporting documents, photos, or videos to support the claim. If a submitter receives a determination that the crash was preventable or undecided, or if the RDR is closed for failure to submit additional requested documents, the RDR may be re-opened once. FMCSA will make a determination within 60-90 days of the submission.

DataQs decisions

If a crash is deemed non-preventable, the FMCSA will:

• Continue to list the “not preventable” crash on the public SMS website. However, the crash will appear in a separate table from all other crashes titled “Reviewed — Not Preventable Crashes.”
• Remove the crash from the carrier's "crash indicator" score in the SMS, reducing the chance the carrier will be targeted with enforcement action.
• Add a note to the Pre-Employment Screening Program (PSP) to indicate that the crash was not preventable, reducing the odds that the driver involved would not be hired due to his or her crash history.

If FMCSA decides a crash was preventable, the public display of the SMS will include a notation that reads, “Reviewed — Preventable: FMCSA reviewed this crash and determined that is was Preventable.” These crashes will be included in the Crash Indicator BASIC.

Preventable crashes include those with evidence that the driver and/or carrier was legally prohibited from operating the vehicle at the time of the crash.