Non-preventable accidents can unfairly impact CSA scores and insurance premiums. Successfully challenging these determinations helps protect your fleet’s reputation and financial standing.
Understanding whether an accident is preventable or non-preventable is crucial, as it impacts your Compliance, Safety, Accountability (CSA) scores and overall safety reputation. However, navigating the complexities of DOT recordable accidents can be challenging for fleet managers.
Here’s how to determine if your fleet experienced a non-preventable DOT recordable accident and how to remove it from your record.
What is a DOT Recordable Accident?
A DOT recordable accident is any crash involving a commercial motor vehicle (CMV) that meets specific criteria set by the Federal Motor Carrier Safety Administration (FMCSA). These include:
- A fatality
- Bodily injury requiring immediate medical attention away from the scene
- Disabling damage to any vehicle involved, requiring a tow from the scene
These accidents are recorded on the FMCSA’s Safety Measurement System (SMS) and influence a motor carrier’s CSA score.
What is a Non-Preventable Accident?
A non-preventable accident occurs when the commercial driver did everything reasonable to avoid the crash. In other words, the driver was not at fault, and no action or inaction on their part contributed to the accident.
Examples of non-preventable accidents include:
- Being struck in the rear by another vehicle
- Being hit by a driver running a red light
- Collisions caused by drunk or distracted drivers
- Crashes involving animals or infrastructure failures
FMCSA’s Crash Preventability Determination Program (CPDP), which allows carriers to challenge the preventability of certain types of crashes, covers 21 specific crash scenarios or eligible crash types for review.
- CMV was struck in the rear by a motorist.
- CMV was struck on the side at the rear by a motorist.
- CMV was struck on the side by a motorist operating in the same direction as CMV.
- CMV was struck because another motorist was driving in the wrong direction.
- CMV was struck because another motorist was making a U-turn or illegal turn.
- CMV was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended.
- CMV was struck because another motorist did not stop or slow in traffic.
- CMV was struck because another motorist failed to stop at a traffic control device.
- 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.
- CMV was struck because another motorist experienced a medical issue which contributed to the crash.
- CMV was struck because another motorist fell asleep.
- CMV was struck because another motorist was distracted (e.g., cellphone, GPS, passengers, other).
- CMV was struck by cargo or equipment from another vehicle, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road).
- CMV crash was a result of an infrastructure failure.
- CMV struck an animal.
- CMV crash involving a suicide death or suicide attempt.
- 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 the vehicle.
- CMV was involved in a crash with a non-motorist.
- 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).
- Any other crash involving a CMV where a video demonstrates the sequence of events of the crash.
If deemed non-preventable, the accident is still listed on the public record but does not negatively impact the carrier’s Crash Indicator in the SMS.
How to Determine if a Crash Was Non-Preventable
- Review the Accident Details: Gather police reports, witness statements, dashcam footage, and photos of the crash scene.
- Check FMCSA Eligibility: Compare the crash scenario with FMCSA’s 21 eligible types for non-preventable determinations.
- Submit a Request for Data Review (RDR): If eligible, submit an RDR through FMCSA’s DataQs system with supporting evidence. The Agency will accept RDRs for the new and updated crash types for crashes that occur on or after December 1, 2024.
- Follow the Decision: FMCSA reviews the submission and makes a determination. If deemed non-preventable, it will be noted on the SMS website but won’t affect the carrier’s Crash Indicator.
Need Help Navigating CPDP?
At CNS Insurance, we’re more than just an insurance provider. We’re your partner in navigating the complexities of the trucking industry. Whether you’re looking to reduce costs, enhance coverage, or ensure compliance, we’re here to help you every step of the way.
We can help carriers challenge preventable accident rulings, DataQ submissions, and get you the best insurance rates.
By staying proactive and aligning your insurance with your new state’s requirements, you can keep your business running smoothly while ensuring your assets are protected. Transitioning doesn’t have to be stressful—partner with CNS Insurance and move forward with confidence.
If you have any questions or concerns, please call us at 800.724.5523 or email info@cnsinsures.com.
