Crash Preventability: Read the Determination, Not Just the Count

Match the determination to the crash

Start with the USDOT number, crash date, reporting state and report identifier where available. A carrier with several reported crashes may have a determination for only one. Do not apply that outcome to its whole crash history or another carrier involved in the same event.

Keep the source population clear. A SAFER summary, an SMS crash record and an investigation document can describe different aspects of an event. The crash-source comparison explains why records from FMCSA, FARS and NTSB should not be combined as if each were another incident.

Check the eligibility rules for the crash date

FMCSA expanded CPDP eligibility for crashes occurring on or after December 1, 2024. Its current page lists 21 eligible crash types; earlier crashes use the previous criteria. The agency says it cannot review crashes older than five years.

Examples in the current list include a CMV struck in the rear, struck while legally stopped, and certain crashes supported by video of the sequence of events. These are eligibility categories, not automatic Not Preventable determinations. The submitted evidence still matters.

Use the agency’s list for the crash date rather than guessing from a short narrative. An incident being outside the program’s scope does not turn it into a finding that the carrier caused it.

Sources: FMCSA: Crash Preventability Determination Program

A submitted or closed request is not enough

Carriers and drivers submit preventability requests through DataQs. FMCSA requires a police accident report and identifies additional evidence requirements in its guidance. Its FAQ also says the crash must exist in the agency’s MCMIS records before the request can be submitted for review.

The request can be awaiting review, under review or waiting for the submitter’s response. A closed request can reflect ineligibility or missing responses. “Closed: determination made” can result in Not Preventable, Preventable or Undecided. Record the actual outcome, not just the fact that the case closed.

When a carrier says the record is being reviewed, retain that statement as a pending matter and request the outcome when available. Do not silently convert a pending request into an accepted correction.

Sources: FMCSA: Crash preventability FAQs

Not Preventable changes the calculation, not the event’s existence

FMCSA states that a crash determined Not Preventable is excluded from the SMS Crash Indicator calculation but remains listed on the website. The outcome is also noted in the Pre-Employment Screening Program. A visible crash record after the determination is therefore not, by itself, evidence that the determination was ignored.

In an illustrative review, a broker sees one listed crash and receives a matching completed Not Preventable outcome. The accurate note retains the listed event and its outcome. Writing “zero crashes” would erase the involvement; writing “one preventable crash” would contradict the determination.

Sources: FMCSA: Crash Preventability Determination Program

Keep the program outcome within its purpose

FMCSA’s 2024 program notice states that a crash-preventability determination does not assign fault or legal liability. A broker should not recast a program outcome as a court ruling, insurance coverage decision or universal clearance of the carrier.

Preserve the original observation, the determination document and the date you checked the updated record. If a provider still shows conflicting information, send the matched event identifiers and outcome for review. The record history should show why your interpretation changed.

Apply the brokerage’s review policy to the evidence relevant to the load. The completed determination resolves a specific question about an eligible crash; identity, current authority, insurance and pickup arrangements still require their own evidence.

Sources: FMCSA: 2024 CPDP expansion and preventability standard