FMCSA Expands Crash Preventability Determination Program (CPDP): What Safety Directors Need to Know

The Federal Motor Carrier Safety Administration (FMCSA) expanded its Crash Preventability Determination Program (CPDP) to 21 crash types, including indirect strikes and — for the first time — crashes with video evidence. The new criteria are in effect as of December 1, 2024.

This change is a big deal for Safety Directors. You now have more opportunities to prove some crashes were not preventable. Ideally, the new criteria will lead FMCA to assess risk better and ultimately make the roads safer for everyone. 

CPDP background

The CPDP is FMCSA’s process for evaluating the preventability of commercial motor vehicle (CMV) crashes. If FMCSA determines a crash was not preventable, it is not included when calculating a carrier’s Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC) measure in the agency’s Safety Measurement System (SMS). The not preventable determinations are also indicated on a driver’s Pre-Employment Screening Program (PSP) report.

Expanded eligible crash types

With this update, FMCSA added four new crash types for review and expanded current crash types to include indirect strikes. 

According to FMCSA, the new crash types eligible under CPDP include: 

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

Like before, motor carriers may submit a Request for Data Review (RDR) through the DataQs system. For a submission to be considered, the RDR must include a police accident report and the crash must meet one of the eligible crash types (see complete list below). 

Source: Federal Motor Carrier Safety Administration

Timeframe for reviews

Crashes on or after Dec. 1, 2024, follow the new eligibility. (See CPDP updated fact sheet). Earlier crashes will be reviewed under the previous standards. FMCSA cannot review crashes older than five years.

Impact for Safety Directors

The broader eligibility criteria mean there are more chances for Safety Directors to clear your preventability records. The more crashes ruled as not preventable, the better, so you don’t get dinged on your Crash Indicator BASIC score. 

Better BASIC metrics mean better Compliance, Safety, Accountability (CSA) scores. Better CSA scores mean a better reputation — aka, you’re less at risk of being investigated by FMCSA and you’re seen in a better light by insurance carriers. In theory, better insurance rates will follow (which in reality means you won’t see as large of an increase next year since rates don’t seem to go down).

Allowing video evidence is a game-changer for proving non-preventability. Many CMV carriers have been leveraging video technology to make fleets safer for years. It’s about time the government caught up. 

Key takeaways for Safety Directors

It’s important to understand the new criteria to maximize the program’s benefits. Safety Directors should take the following steps ASAP: 

1. Read up on the CPDP update. Know the new rules inside and out.
2. Make sure you’re documenting crashes through dash cams, other technology and thorough recordkeeping. If you even think you may need a piece of data some day down the line, save it.
3. Make timely submissions through the DataQs system and ensure your RDRs for accidents that have occurred since Dec. 1 fall under the expanded criteria. 

With the CPDP update, FMCSA is handing Safety Directors four more opportunities to clear your records and improve Crash Indicator BASIC and CSA scores. If you haven’t already invested in video and other technology that will allow you to make the most of this opportunity, you’re at a disadvantage. It’s time to get to work to improve your company’s risk profile. 

21 crash types now eligible for review under the CPDP:

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.