The FMCSA Crash Preventability Determination Program (CPDP)  has new criteria that could impact DATA Q Challenges. The FMCSA started a demonstration program from June 1, 2017 through July 31, 2019 allowing carriers to challenge reportable accidents that the carrier deemed non-preventable. The demonstration program offered carriers the ability to submit DATA Q challenges for these accidents to be reviewed and a non-preventable status could possibly be determined by FMCSA and/or the State where the accident occurred. From August 1, 2017 -September 30, 2019, FMCSA accepted eligible crashes that occurred from June 1, 2017 - July 31, 2019. The Crash Preventability Demonstration Program is now closed. 

The following crash types were eligible for participation in the program:

• When the commercial motor vehicle (CMV) was struck by a motorist driving under the influence (or related offense);
• When the CMV was struck by a motorist driving the wrong direction;
• When the CMV was struck in the rear;
• When the CMV was struck while legally stopped or parked, including when the vehicle was unattended;
• When the CMV was struck by an individual committing or attempting to commit suicide by stepping or driving in front of the CMV;
• When the CMV sustained disabling damage after striking an animal in the roadway;
• When the crash was a result of an infrastructure failure, falling trees, rocks, or other debris; or
• When the CMV was struck by cargo or equipment from another vehicle.

The Crash Preventability Determination Program (CPDP) became operational as of May 1, 2020. Carriers who believe they have an accident that could be determined by the FMCSA as a non-preventable crash and not affect the carriers SMS scores may submit a challenge. Only crashes occurring on or after August 1, 2019 are eligible to be DATA Q challenged for determination.

 During the FMCSA’s previous demonstration program, the agency would only consider making a preventability decision on crashes that fell into one of eight categories. When the program became permanent, the FMCSA added more categories of crashes. Crashes that can be evaluated under the CPDP include (new ones are bolded):

• The CMV was struck in the rear or on the rear corner (7:00 and 5:00 positions);
• The CMV was struck by a motorist driving the wrong direction, by a motorist that was struck by another motorist going in the wrong direction, or a motorist making an illegal turn or U-turn;
• The CMV was struck when it was legally stopped or parked;
• The CMV was struck by another vehicle that failed to slow or stop in traffic, or a vehicle that failed to stop for a traffic control device (such as a red stop light or stop sign);
• The other party involved in the crash or incident was under the influence or a the CMV was struck be a vehicle that was struck by another motorist that was under the influence;
• The other driver suffered a medical emergency, admitted to falling asleep, or admitted to driving when distracted;
• The crash involved cargo, equipment, or debris striking the CMV, or an infrastructure failure;
• The CMV was involved in an animal strike;
• The other party committed suicide or attempted suicide by crashing into or stepping in front of the CMV; and
• The CMV was involved in a non-preventable rare or unusual crash (such as the CMV being hit by an out-of-control skydiver).

If any carrier believes they have a crash that meet the new criteria as a non-preventable crash and would like ITI to DATA Q Challenge the crash, please contact:

James Addison, DOT Consultant

ITI

881 South Girls Schools Road

Indianapolis, IN  46231

317-271-2611