If you have an eligible crash that occurred on or after August 1, 2019, you may submit an RDR with a police accident report (PAR), and any other compelling evidence, to show the crash was Not Preventable.
The following crash types are eligible for participation in the program:
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.
Failure of the other vehicle to Stop type of crash when the CMV was struck:
- by a vehicle that did not stop or slow in traffic; or
- by a vehicle that failed to stop at a traffic control device.
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:
- struck an animal
Suicide type of crash when the CMV:
- struck an individual committing or attempting to commit suicide
Rare or Unusual type of crash when the 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).
FMCSA will review all requests and post the final determinations. Crashes found Not Preventable will impact the SMS in two ways:
- The motor carrier and enforcement views of SMS will display all crashes, noting those found to be Not Preventable,
- FMCSA will omit Not Preventable crashes when calculating the carrier’s Crash Indicator BASIC measure and percentile.
For more information about the determination program, visit FMCSA’s website.
Note: Anyone with information to refute a crash reviewed under the Crash Preventability Demonstration Program with a preliminary determination that the crash is Not Preventable may submit it through DataQs before FMCSA makes a final determination.
This article was combined with information taken from the following websites: