Introduction

The Federal Motor Carrier Safety Administration (FMCSA) has announced significant updates to its Crash Preventability Determination Program (CPDP). These changes highlight the critical role of dash cameras and DVR systems in ensuring fair crash evaluations and improving Compliance, Safety, Accountability (CSA) scores for fleets. With the expansion of eligible crash types and a stronger emphasis on video evidence, the FMCSA Non-Preventable Crash Program Updates provide motor carriers with new opportunities to safeguard their reputation and operations.

Since May 2020, the CPDP has allowed motor carriers to challenge the preventability of specific crash types using FMCSA’s DataQs system. The program was created to address a long-standing concern among motor carriers about being penalized for crashes that were beyond their control. With the latest update, the FMCSA has expanded the list of crash types eligible for review, including cases where video evidence from dash cameras or DVR systems can conclusively demonstrate the events leading up to an incident.

Why Non-Preventable Crash Designations Matter

New Crash Types Eligible for Review

The FMCSA has added four new scenarios to the program, effective for crashes occurring on or after December 1, 2024:

1. Side Collisions in the Same Direction: When a commercial motor vehicle (CMV) is struck on the side by another vehicle moving in the same direction.
2. Crashes Caused by Vehicles Entering from Private Areas: Incidents where another vehicle enters the roadway from a private driveway or parking lot and strikes a CMV.
3. Loss of Control by Other Drivers: Cases where another motorist loses control of their vehicle, as documented in the Police Accident Report.
4. Miscellaneous Video-Verified Crashes: Any crash type where video evidence from a dash camera or DVR system clearly shows the sequence of events leading to the incident.

These additions reflect the FMCSA’s recognition of the critical role video evidence plays in accurately assessing crash preventability.

Eligibility Criteria and Preventability Definition

The program applies a standard definition of preventability: “If a driver, exercising normal judgment and foresight, could have reasonably foreseen the possibility of the crash and taken steps within their control to avoid it without risking another mishap, the crash is considered preventable.”

Crashes occurring more than five years ago remain ineligible for review. For those eligible, carriers must submit documentation, including a police accident report, along with supporting materials such as photos or videos.

Comprehensive List of Eligible Crash Types

With the latest updates, the following crash types are now eligible for review under the CPDP:

• CMVs struck in the rear or on the side at the rear.
• CMVs struck while legally stopped, parked, or unattended.
• Incidents involving wrong-way drivers, U-turns, or illegal turns by other vehicles.
• Crashes caused by drivers failing to stop or slow at traffic controls, falling asleep, being distracted, or under the influence of substances.
• Collisions caused by medical emergencies, fallen cargo, or infrastructure failures.
• Crashes involving non-motorists or rare incidents, such as being struck by debris or even aircraft.
• Any incident where video evidence from a dash camera or DVR system definitively demonstrates the sequence of events.

These scenarios represent a broader acknowledgment of the challenges faced by motor carriers in navigating complex road environments.

The Importance of Video Evidence

The inclusion of video-based crash reviews highlights the necessity of equipping fleets with advanced dash cameras or DVR systems. These systems provide indisputable evidence, helping carriers and drivers defend against unjustified CSA penalties.

By leveraging technology, fleets can ensure more accurate accountability, mitigate risks, and improve safety standards. The FMCSA’s updates reflect a broader industry trend toward utilizing modern tools to foster transparency and fairness.

How to Submit Requests

Crash preventability reviews are submitted through the FMCSA’s DataQs system. The process involves uploading the police accident report along with other evidence, such as photographs or video footage from dash cameras or DVR systems. According to FMCSA, review requests currently take about 90 days to process.

A step-by-step guide is available on the FMCSA website, ensuring that carriers can navigate the process with ease.

Final Thoughts

The latest updates to the CPDP mark a significant step forward in ensuring fairness and transparency for motor carriers. By leveraging video evidence from dash cameras or DVR systems and taking advantage of the expanded crash review program, fleets can protect their CSA scores, reduce operational risks, and enhance safety across their operations.

As the industry adapts to these changes, investing in robust video recording systems and adhering to preventive safety measures will become even more critical for long-term success.