A preventable accident is a crash that the driver, or the motor carrier, could reasonably have avoided by doing something differently, such as keeping a safer following distance, driving more slowly for conditions or checking mirrors more carefully. Preventability is not the same as legal fault. A driver who was not ticketed, or who was not at fault under state law, may still have been able to prevent the crash.
The concept matters in two ways. Internally, carriers use preventability decisions to coach drivers, spot trends and set safety goals. Externally, FMCSA's Crash Preventability Determination Program (CPDP) lets carriers ask FMCSA to review eligible crashes and, when a crash is found not preventable, remove it from the Crash Indicator BASIC calculation in the Safety Measurement System (SMS).
What Is a Preventable Accident?
A common industry test asks whether the driver did everything reasonably possible to avoid the crash. If the driver could have avoided it by anticipating the actions of others, adjusting to road and weather conditions, or following defensive driving practices, the crash is usually judged preventable. Many carriers use published guidance, such as the National Safety Council's guide to determining motor vehicle accident preventability, to keep decisions consistent.
FMCSA's own definition of an "accident" in 49 CFR 390.5 is narrower than everyday usage. A DOT-recordable crash involves a CMV on a public road in interstate or intrastate commerce and results in a fatality, an injury treated away from the scene, or a vehicle towed from the scene because of disabling damage. These crashes must be recorded in the carrier's accident register.
How Carriers Judge Preventability
Many fleets use an accident review committee or a designated safety manager to make preventability decisions. The reviewer looks at the police report, driver and witness statements, photos, dashcam and telematics data, and the road and weather conditions. The key questions are whether the driver was following company policy and traffic laws, maintaining a safe speed and following distance, and anticipating hazards. Documenting the reasoning for each decision makes outcomes consistent and gives drivers a fair basis to appeal internally.
Preventable vs. Not Preventable vs. At Fault
- Preventable: the driver or carrier could reasonably have avoided the crash.
- Not preventable: the driver did everything reasonably possible and the crash still occurred, for example when a legally stopped truck is struck in the rear.
- At fault: a legal or insurance finding about responsibility, which may differ from a preventability decision.
An FMCSA not-preventable determination is not a ruling on fault or liability.
FMCSA's Crash Preventability Determination Program
FMCSA made the CPDP permanent in 2020 and expanded it in December 2024. For crashes that occurred on or after December 1, 2024, 21 crash types are eligible for review. They include crashes in which the CMV was:
- Struck in the rear, or on the side at the rear, by another motorist.
- Struck on the side by a motorist traveling in the same direction.
- Struck by a motorist driving the wrong way, making a U-turn or illegal turn, or running a traffic control device.
- Struck while legally stopped, parked or unattended.
- Struck by a motorist who was impaired, distracted, asleep, or experiencing a medical issue, or who lost control.
- Struck by cargo, equipment or debris, or involved in a crash caused by infrastructure failure.
- Involved in a crash with an animal or a non-motorist, or in a crash involving a suicide or suicide attempt.
- Involved in any other crash where video shows the sequence of events.
Crashes before December 1, 2024 are reviewed under the earlier eligibility standards. FMCSA does not review crashes more than 5 years old. The full list is on FMCSA's Crash Preventability Determination Program page.
How CPDP Results Affect CSA
When FMCSA finds a crash not preventable, it is removed from the Crash Indicator BASIC calculation. The crash stays listed on the carrier's SMS profile with the determination noted, and the determination is noted in the Pre-Employment Screening Program. Crashes found preventable, or where FMCSA cannot reach a decision (undecided), stay in the calculation. FMCSA has warned that high submission volume means reviews can take around 90 days.
How to Submit a Crash for Review Step by Step
- Record the crash. Add DOT-recordable crashes to your vehicle accident register and gather evidence right away.
- Check eligibility. Compare the crash with FMCSA's list of eligible crash types for its date.
- Confirm the crash is in SMS. The crash must appear in FMCSA's data before it can be reviewed.
- Collect documents. Obtain the police accident report, which is required, plus photos, dashcam video, witness statements and other supporting evidence.
- File in DataQs. Submit a Request for Data Review through FMCSA's DataQs system, selecting the crash preventability option and attaching the documents.
- Track the decision. Monitor the request and respond to any request for more information.
- Use the lessons. Even for not-preventable crashes, review whether training or equipment could reduce similar risks.
Common Mistakes to Avoid
- Assuming a crash is not preventable because the other driver received a ticket.
- Submitting a crash without the police accident report.
- Waiting too long to collect dashcam video, which may be overwritten.
- Applying preventability standards inconsistently between drivers.
- Using preventability decisions only for discipline instead of coaching and root cause analysis.
How SMS360 Helps
SMS360's Vehicle Accident Register module records crash details, documents and preventability decisions in one place. Incident Management supports investigations and evidence collection, and Fleet Reports shows crash trends by driver, vehicle and location. See also the DOT accident register rules.
Frequently Asked Questions
Does a not-preventable determination remove the crash from my record?
It removes the crash from the Crash Indicator BASIC calculation in SMS. The crash still appears on the carrier's SMS profile and in the Pre-Employment Screening Program, with the not-preventable determination noted.
Who decides if a crash is preventable?
For internal purposes, the carrier decides, often through a safety manager or accident review committee. For CSA purposes, FMCSA decides through the CPDP when a carrier submits an eligible crash through DataQs.
Is there a deadline to submit a crash to the CPDP?
FMCSA does not review crashes more than 5 years old. Because crashes count in SMS for 24 months, submitting soon after the crash is the best way to reduce its effect on the Crash Indicator BASIC.
