The Federal Motor Carrier Safety Administration (FMCSA) recently announced an expansion to its Crash Preventability Determination Program (CPDP). The program evaluates certain types of crashes involving commercial motor vehicles (CMV) to determine if they were preventable by the motor carrier. If a crash is found to be "not preventable," it is excluded from a carrier's Safety Measurement System (SMS) score, which impacts how fleets are rated for safety and compliance purposes. A non-preventable crash is defined as one in which the CMV driver did not act in a way that could have averted the incident. In other words, the driver exercised all appropriate precautions, and the crash was unavoidable due to the actions or conditions caused by others.
By reviewing eligible crashes and excluding those deemed "not preventable" from SMS scores, the CPDP helps ensure a fairer representation of a carrier's safety performance. A recent expansion to the list of eligible crash types available for non-preventability review will provide even greater opportunities for fleets to better advocate for and maintain good SMS scores. This update not only improves transparency but also offers fleets a chance to protect their reputation and bottom line. These changes are also a very welcome addition for the trucking industry and at Nirvana Insurance, we’re committed to offering our expertise and support to our customers so they can best understand, navigate, and leverage these changes to improve their fleet safety and compliance.
New categories
While assisting many of our insured customers with crash-preventability determination, there were certain crash types that appeared frequently but were not eligible to be challenged under the old criteria. Some of those crashes included sideswipe collisions where the other vehicle drifted into our customer’s lane of travel. Other crash types involved a vehicle completely losing control and swerving in front of or into the side of our customer. Under the new rules, future collisions like these can be challenged. In addition, any crash captured on video that shows the commercial vehicle was traveling legally and could not have avoided the collision can now be submitted for non-preventability. Here are some of the most significant changes and additions:
- CMV was struck on the side by a motorist operating in the same direction as CMV
- 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
- Any other type of crash, not listed above, where a CMV was involved and a video demonstrates the sequence of events of the crash
Effective date and submission changes
It is important to note that the video footage submitted with the CPDP request is expected to include the full sequence of the crash, but submitters should not include video files of hours or days preceding the crash. It’s also important to be aware that the eligibility criteria for the new and updated crash types will not be applied retroactively. The Agency will accept review requests for the new and updated crash types for crashes that occur on or after December 1, 2024.
Enhancements to language
Other changes include more nuanced wording to previously existing criteria. Several incident types now include the wording “was struck because another motorist” engaged in an unsafe driving behavior as opposed to the earlier version which stated “was struck by a motorist” engaged in unsafe driving behaviors. This is crucial, because quite often another motorist acts recklessly and then causes other vehicles to collide. The prior wording required the unsafe motorist to be the one in contact with the commercial vehicle. Now, collisions can be challenged because the unsafe motorist caused another to collide with the commercial vehicle, therefore expanding the number of collisions that can be reviewed.
Our fleet safety managers are happy to help you review and establish the best wording to help you win non-preventability challenges. If you would like assistance with a crash preventability determination, contact your Nirvana Fleet Safety Manager.
The Federal Motor Carrier Safety Administration (FMCSA) recently announced an expansion to its Crash Preventability Determination Program (CPDP). The program evaluates certain types of crashes involving commercial motor vehicles (CMV) to determine if they were preventable by the motor carrier. If a crash is found to be "not preventable," it is excluded from a carrier's Safety Measurement System (SMS) score, which impacts how fleets are rated for safety and compliance purposes. A non-preventable crash is defined as one in which the CMV driver did not act in a way that could have averted the incident. In other words, the driver exercised all appropriate precautions, and the crash was unavoidable due to the actions or conditions caused by others.
By reviewing eligible crashes and excluding those deemed "not preventable" from SMS scores, the CPDP helps ensure a fairer representation of a carrier's safety performance. A recent expansion to the list of eligible crash types available for non-preventability review will provide even greater opportunities for fleets to better advocate for and maintain good SMS scores. This update not only improves transparency but also offers fleets a chance to protect their reputation and bottom line. These changes are also a very welcome addition for the trucking industry and at Nirvana Insurance, we’re committed to offering our expertise and support to our customers so they can best understand, navigate, and leverage these changes to improve their fleet safety and compliance.
New categories
While assisting many of our insured customers with crash-preventability determination, there were certain crash types that appeared frequently but were not eligible to be challenged under the old criteria. Some of those crashes included sideswipe collisions where the other vehicle drifted into our customer’s lane of travel. Other crash types involved a vehicle completely losing control and swerving in front of or into the side of our customer. Under the new rules, future collisions like these can be challenged. In addition, any crash captured on video that shows the commercial vehicle was traveling legally and could not have avoided the collision can now be submitted for non-preventability. Here are some of the most significant changes and additions:
- CMV was struck on the side by a motorist operating in the same direction as CMV
- 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
- Any other type of crash, not listed above, where a CMV was involved and a video demonstrates the sequence of events of the crash
Effective date and submission changes
It is important to note that the video footage submitted with the CPDP request is expected to include the full sequence of the crash, but submitters should not include video files of hours or days preceding the crash. It’s also important to be aware that the eligibility criteria for the new and updated crash types will not be applied retroactively. The Agency will accept review requests for the new and updated crash types for crashes that occur on or after December 1, 2024.
Enhancements to language
Other changes include more nuanced wording to previously existing criteria. Several incident types now include the wording “was struck because another motorist” engaged in an unsafe driving behavior as opposed to the earlier version which stated “was struck by a motorist” engaged in unsafe driving behaviors. This is crucial, because quite often another motorist acts recklessly and then causes other vehicles to collide. The prior wording required the unsafe motorist to be the one in contact with the commercial vehicle. Now, collisions can be challenged because the unsafe motorist caused another to collide with the commercial vehicle, therefore expanding the number of collisions that can be reviewed.
Our fleet safety managers are happy to help you review and establish the best wording to help you win non-preventability challenges. If you would like assistance with a crash preventability determination, contact your Nirvana Fleet Safety Manager.
