In August 2019, FMCSA proposed a long term Crash Preventability Determination Program with more eligible crash types. This program commenced on May 1, 2020,and reviews crashes in the 16 eligible crash types that occurred on or after August 1, 2019. Crashes are submitted through FMCSA’s DataQs system. Submitters must provide a Police Accident Report with the Request for Data Review (RDR.) Crashes reviewed in the new program with a Not Preventable determination will not be included in the SMS Crash Indicator measure or percentile. The crash will continue to be listed in SMS but separate from those crashes included in the calculation. Crashes remain on SMS for two years.
Preventable and Undecided determinations are noted on the SMS crash list. A crash will be found to be Preventable when the driver or motor carrier could have done something to avoid the crash. In addition, a crash is Preventable if “Driver was in violation of company operating rules or special instructions, the regulations of any Federal or State regulatory agency, or any applicable traffic laws or ordinances.” This includes if the driver was not properly licensed on the date of the crash or a post-crash inspection reveals a pre-crash out of service violation.
A crash will be found to be Undecided when the information presented conflicts or when requested documentation is not provided, including drug and alcohol test results after a fatal crash or licensing or medical certificates upon request. Additionally, Not Preventable crashes are noted on the Pre-Employment Screening Program for five years.
The eligible crash types are:
Struck in the Rear type of crash when the CMV was struck:
in the rear; or
on the side at the rear.
Wrong Direction or Illegal Turns type of crash when the CMV was struck:
by a motorist driving in the wrong direction; or
by another motorist in a crash when a driver was operating in the wrong direction; or
by a vehicle that was making a U-turn or illegal turn.
Parked or Legally Stopped type of crash when the CMV was struck:
while legally stopped at a traffic control device (e.g., stop sign, red light or yield); or
while parked, including while the vehicle was unattended; or
Failure of the other vehicle to Stop type of crash when the CMV was struck:
Under the Influence type of crash when the CMV 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
by another motorist in a crash where an 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.
Medical Issues, Falling Asleep, or Distracted Driving type of crash when the CMV was struck:
by a driver who experienced a medical issue which contributed to the crash; or
by a driver who admitted falling asleep or admitted distracted driving (e.g., cellphone,GPS, passengers, other).
Cargo/Equipment/Debris or Infrastructure Failure type of crash when the CMV:
was struck by cargo, equipment or debris (e.g. fallen rock, fallen trees, unidentifiable items in the road); or
crash was a result of an infrastructure failure.
Animal Strike type of crash when the CMV:
Suicide type of crash when the CMV:
Rare or Unusual type of crash.
It is incumbent on the submitter to provide compelling evidence that the crash is eligible and not preventable. The submitter is encouraged to provide other documents and information to support the RDR, including but not limited to,videos, photographs, insurance documents, etc.
For more information, please visit the Crash Preventability Determination Program website.
While other crashes may be not preventable, at this time only these crash types are eligible for review. Other crashes submitted to the program will be disqualified and not reviewed.