FMCSA PREVENTABILITY CHANGES—MORE THAN FOUR CATEGORIES

WHY IT MATTERS:? FMCSA changed the Preventability program as of December 1, 2024.? While the headlines blared “Four new categories of accidents”, the other changes and procedural explanations went overlooked.?

????????? WATCH:?TRANSPORTCENTER 3 minute PowerPoint video

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THE ADDED CATEGORIES:? The FMCSA added four categories of “Nonpreventable: accidents.? These are as follows:

a.??? ?Commercial Motor Vehicle (CMV) was struck on the side by a motorist operating in the same direction;

b.??? CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.

c.???? CMV was struck because another motorist lost control of their vehicle AND the loss of control is specifically mentioned in the police accident report.

d.??? Any other type of crash involving a CMV where the video involving demonstrates the sequence of events of the crash.

VIDEO:? Video can in having crash scenarios not specifically listed as eligible deemed “Nonpreventable”.? Submit a video of the sequence of the crash with the request for a determination.

Speaking of videos, the file size limitation in DataQ was raised to 25 MB.? The video must include the full sequence of the crash.? However, submitters should not include video files of hours or days preceding the crash.

These positive steps by the FMCSA are to be applauded and appreciated.? However, given the limited resources of the FMCSA and the resultant current delays in determinations, you have to wonder how long it will take to determine cases requiring video review.? Do they have the personnel to do it??

But, hey, it’s a start.

REWORDING:? The FMCSA has reworded the updated crash types to, in some instances, expand eligibility for a number of crashes that are indirectly caused by the conduct rather that direct contact with the CMV.

For example, this includes expanding the eligibility for “wrong way” accidents to include where CMV was struck because another vehicle was traveling the wrong direction, not just by the vehicle traveling the wrong direction.?

Other areas have also been expanded in a number of other areas of eligibility to apply when the criteria was caused by an offending motorist, not just when the offending motorist was the striking vehicle. Take a look at the new list.?

WHEN:? The new categories and revisions apply to crashes that occur on or after 12.1.24.

NEXT WEEK: FMCSA INSIGHT ON PREVENTABILITY SUBMISSION RULES