FMCSA adds four new types of crashes as eligible for ‘Not Preventable’ status

The Federal Motor Carrier Safety Administration (FMCSA) recently expended the types of crashes eligible for review under the agency’s Crash Preventability Determination Program (CPDP).

The CPDP allows trucking companies involved in a crash to submit evidence and a request a review through the DataQs system asking for the FMCSA to rule the crash “Not Preventable.” If the FMCSA determined that a crash is “Not Preventable,” that crash will be removed from the calculation of the Crash Indicator Behavior Analysis Safety Improvement Category (BASIC) score.

On December 1, 2024, FMCSA added four new crash types that are eligible for CPDP review and expanded eligibility for current crash types to include indirect strikes. The four new crash types increase the number of crash types eligible for review to 21.

The four new crash types eligible for review are:

1. CMV was struck on the side by a motorist operating in the same direction.
2. CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
3. CMV was struck because another motorist lost control of their vehicle.
4. Any other type of crash involving a CMV where a video demonstrates the sequence of events of the crash.

FMCSA notes that this is the first time that carriers have been permitted to request a review based solely on video evidence.

The expanded eligible crash list applies to crashes on or after December 1, 2024. FMCSA will review crashes prior to December 1, 2024, under the previous standards, and cannot evaluate crashes older than five years, the agency stated in a recent blog post.

See below for the full 21 types of crashes eligible for review:

1. CMV was struck in the rear by a motorist.
2. CMV was struck on the side at the rear by a motorist.
3. CMV was struck on the side by a motorist operating in the same direction as CMV.
4. CMV was struck because another motorist was driving in the wrong direction.
5. CMV was struck because another motorist was making a U-turn or illegal turn.
6. CMV was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended.
7. CMV was struck because another motorist did not stop or slow in traffic.
8. CMV was struck because another motorist failed to stop at a traffic control device.
9. 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.
10. CMV was struck because another motorist experienced a medical issue which contributed to the crash.
11. CMV was struck because another motorist fell asleep.
12. CMV was struck because another motorist was distracted (e.g., cellphone, GPS, passengers, other).
13. CMV was struck by cargo or equipment from another vehicle, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road).
14. CMV crash was a result of an infrastructure failure.
15. CMV struck an animal.
16. CMV crash involving a suicide death or suicide attempt.
17. CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
18. CMV was struck because another motorist lost control of the vehicle.
19. CMV was involved in a crash with a non-motorist.
20. 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 or skydiver or being struck by a deceased driver in another vehicle).
21. Any other crash involving a CMV where a video demonstrates the sequence of events of the crash.

You can learn more about the Crash Preventability Demonstration Program here.