As legal professionals advising motor carriers, commercial drivers, or employers in the transportation industry, staying current on tools that can benefit your client is essential. One such tool is the Crash Preventability Determination Program (CPDP), administered by the Federal Motor Carrier Safety Administration (FMCSA).[1]
What is CPDP?
CPDP allows motor carriers and drivers to challenge crash records that they believe were not preventable, based on specific eligibility criteria. If the FMCSA agrees, it updates the Safety Measurement System (SMS) and Pre-Employment Screening Program (PSP) to reflect a “Not Preventable” determination—information that can significantly influence safety scores and hiring prospects.
Why it Matters to Attorneys:
If you’re advising a motor carrier after a crash, being aware of CPDP gives you a strategic advantage. A “not preventable” ruling can bolster your client’s position in ongoing or future proceedings and help protect their reputation with regulators and the public. It is also an excellent tool in risk management, mainly when crashes are being unfairly used to evaluate safety performance.
CPDP lets you stay ahead of the case and protect your client’s reputation. Not using CPDP, especially in a not-preventable crash situation, could severely impair your client’s case.
What Types of Crashes are Eligible for Review?
There are 21 specific crash types eligible for review, ranging from being rear-ended to being struck by a distracted driver or even hit by falling debris. Bizarre crashes, such as collisions with skydivers or involving infrastructure failures, may also qualify.
Other key examples include:
- CMV struck while legally stopped
- CMV was hit by a motorist running a red light
- CMV caused by another driver’s DUI or medical emergency
A full list of eligible crashes can be found on FMCSA’s website.[2]
How Does CPDP Work?
FMCSA lays out easy-to-follow, basic steps to submit a crash for review. Each crash that is submitted must have occurred within the past five years. [3]
- The driver or carrier submits a Request for Data Review (RDR) via FMCSA’s DataQs system.
- The submission must include a police accident report and may consist of video, photos, or court documents.
- FMCSA will issue one of three determinations: Not Preventable, Preventable, or Undecided.
- If approved, the SMS and PSP records are updated within 60 days.
Legal Considerations and Best Practices for Submissions
When using CPDP, it is important to remember that it does not determine legal liability and cannot be used in civil litigation. It does not affect a carrier’s safety rating or trigger penalties. It does, however, serve as persuasive documentation in legal or regulatory discussions.
When submitting a crash for review, make sure to monitor the five-year submission window, as only crashes that occurred in the last five years are eligible for review. It is also important to make sure that fatal crash submissions include timely drug and alcohol test results as required for submission.
CPDP represents an important intersection of transportation safety, administrative law, and data integrity. Whether defending a client in a liability suit or helping a carrier navigate FMCSA compliance, this program is worth adding to your legal toolkit. Being able to understand how CPDP works and its benefits can greatly help your client in certain situations and protect their reputation.
[1] See https://www.fmcsa.dot.gov/crash-preventability-determination-program
[2] See https://www.fmcsa.dot.gov/safety/crash-preventability-determination-program-eligibility-guide
[3] See https://www.fmcsa.dot.gov/safety/crash-preventability-determination-program-presentation
