['Accident response', 'Compliance, Safety, Accountability CSA']
['Compliance, Safety, Accountability CSA', 'Accident investigation - Motor Carrier']
09/27/2024
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Motor carriers and drivers can challenge the preventability of certain crashes to have the event removed from their SMS calculations.
FMCSA’s Crash Preventability Determination Program has identified several crash types as non-preventable.
Commercial motor vehicle crashes meeting the criteria, occurring on or after August 1, 2019, are eligible for consideration.
Motor carriers and drivers must use the online DataQs system to argue that their crash was not preventable.
Qualifying crashes
The FMCSA has provided a list of scenarios that are defined as non-preventable.
A crash is eligible if a commercial motor vehicle:
- Was struck in the rear;
- Was struck on the side at the rear;
- Was struck by a motorist driving in the wrong direction, or was struck by another motorist in a crash when a driver was operating in the wrong direction (e.g., a car being driven in the wrong direction strikes another car that then hits a commercial vehicle);
- Was struck by a vehicle that was making a U-turn or illegal turn;
- Was legally stopped at a traffic control device (e.g., stop sign, red light, or yield), or was parked, including while the vehicle was unattended;
- Was struck by a vehicle that did not stop or slow in traffic;
- Was struck by a vehicle that failed to stop at a traffic control device;
- Was struck by an individual under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred, or was struck by another motorist who was involved in such a crash;
- Was struck by a driver who experienced a medical issue which contributed to the crash;
- Was struck by a driver who admitted falling asleep or being distracted (e.g., by a cell-phone, GPS, passengers, etc.);
- Was struck by cargo, equipment, or debris (e.g., fallen rocks, fallen trees, unidentifiable items in the road), or the crash was a result of an infrastructure failure;
- Struck an animal;
- Struck an individual committing or attempting to commit suicide; or
- 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).
Individuals submitting Requests for Data Review (RDRs) through DataQs for eligible crashes should include supporting documents, photos, or videos to support claims. 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 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.
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['Accident response', 'Compliance, Safety, Accountability CSA']
['Compliance, Safety, Accountability CSA', 'Accident investigation - Motor Carrier']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.