What Is the Crash Preventability Determination Program (CPDP)?

In July of 2017, the Federal Motor Carrier Safety Administration (FMCSA) announced a new program that focused on determining whether certain commercial vehicle accidents were preventable. It was known as the Crash Preventability Determination Program (CPDP).

The program allowed trucking companies to remove crashes that were “not preventable” from federal safety records, specifically from the Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC) calculation of FMCSA’s Safety Measurement System (SMS). FMCSA uses BASIC, along with other data, to identify motor carriers for safety interventions. When a crash is classified as Not Preventable, it will be excluded from the BASIC calculation, and its designation will be noted in FMCSA’s Pre-Employment Screening Program (PSP).

During the first phase of the project, carriers submitted 12,249 accidents for review between August 1, 2017, and May 31, 2019. Of those crashes, 5,619 of them qualified for the program, and 93% (5,247) were deemed Not Preventable.

According to the most recent Crash Preventability Determination Program Quarterly Statistics, as of September 27, 2024, carriers had submitted 68,942 accidents for review. 45,067 of these were deemed Not Preventable, 791 were deemed Preventable, and 1,093 were Undecided.

Crash Preventability Determination Program Eligibility

According to FMCSA, drivers can submit a Request for Data Review (RDR) for any accident that occurred within the past five years. These requests are filed through DataQs and must include the crash report, request reason, and crash scenario. Drivers and their carriers can also submit any other supplemental information that they think will help demonstrate how an accident qualifies for the CPDP.

Initially, the CPDP only included crashes that fell under eight categories. In 2019, the program was expanded to include 15 categories. Then, in 2024, it was extended yet again to include 21 specific crash types. Eligibility requirements may vary for accidents that occurred prior to December 1, 2024, which is the last time the program was expanded.

An accident may qualify for review under the CPDP if the commercial vehicle was:

• Struck in the rear or on the side at the rear.
• Struck by a wrong-way motorist.
• Struck by a driver making an illegal U-turn.
• Struck by a driver making any type of illegal turn.
• Struck while legally stopped or parked.
• Struck by a motorist under the influence of alcohol and/or drugs.
• Struck by a motorist who failed to stop at a traffic control device.
• Struck by a motorist who failed to slow or stop in traffic.
• Struck by a driver who was experiencing a medical emergency.
• Struck by a distracted driver.
• Struck by a driver who fell asleep at the wheel.
• Struck by a motorist who lost control of their vehicle.
• Struck by a motorist entering a roadway from a parking lot or private driveway.
• Struck by cargo, equipment, or other debris.
• Involved in an accident caused by infrastructure failure.
• Involved in an accident with someone attempting to commit suicide.
• Involved in an accident with an animal.
• Involved in an accident with a non-motorist.
• Involved in a rare accident type, such as being struck by an airplane or skydiver.
• Involved in any accident where video footage shows the full sequence of events.

Thus far, nearly half (20,142) of the 45,067 accidents deemed Not Preventable under the CDPD have involved commercial vehicles struck from behind. Other leading accident types are commercial vehicles struck by drivers who failed to stop at traffic control devices (5,981), commercial motor vehicles struck on the side at the rear (3,897), commercial vehicles struck while legally stopped or parked (3,291), and commercial vehicles struck by wrong-way motorists (2,097).

When Is an Accident “Not Preventable”?

Under FMCSA guidance, a crash earns the Not Preventable label only when a reasonable, well-trained commercial driver—obeying every regulation and operating with ordinary care—could not have avoided the collision.

Investigators look at four core elements:

• Position & Right of Way: Was the truck in its lane, moving at a lawful speed, or legally stopped/parked when it was hit?
• Driver Conduct: Was the CDL holder sober, properly licensed, within hours-of-service limits, and free of distraction?
• Mechanical Condition: Did post-crash inspections confirm the rig’s brakes, lights, and tires were within federal specs?
• External Cause: Did another motorist, animal, piece of roadway debris, or sudden medical emergency directly trigger the crash?

If the evidence checks all four boxes, FMCSA classifies the event as Not Preventable and removes it from the carrier’s Crash Indicator BASIC. The burden of proof, however, sits squarely on the motor carrier: they must supply police reports, dashcam video, “black box” data, or other documentation that tells a complete, unambiguous story. Thin or one-sided submissions are likely to be denied or marked “Undecided,” keeping the crash on the company’s safety record.

Does a “Not Preventable” Finding Affect Fault or Liability?

FMCSA’s Crash Preventability Determination Program is an internal scoring tool, not a legal verdict. A Not Preventable tag simply keeps an unavoidable crash from inflating a carrier’s Compliance, Safety & Accountability (CSA) profile. It does not decide civil liability, criminal culpability, or fault.

This distinction is crucial. For example, FMCSA may ask, “Could a prudent driver have avoided this?” Courts and juries may ask, “Did negligence—speeding, poor maintenance, fatigued driving—contribute to the harm?” The answers can be quite different.

What’s more, civil discovery uncovers logbook edits, dispatch instructions, prior violations, and maintenance lapses that may never make it into an FMCSA review packet. Those facts often swing a negligence claim, even when FMCSA has closed its file.

Finally, each state will have unique laws regarding fault and liability for trucking accidents. A carrier may avoid CSA points yet still pay substantial damages if a jury finds the company at fault.

What Are the Implications of the CPDP?

In the past, FMSCA used all crash data to determine a motor carrier’s Crash Indicator BASIC, a system that is used to label some carriers as high risk. Carriers with poor ratings are subject to investigations and other enforcement. The Crash Preventability Determination Program enables carriers to stop Not Preventable crashes from impacting their Crash Indicator BASIC score, as well as labeling accidents as unpreventable during pre-employment screening.

What the CPDP doesn’t do is void a driver or carrier of fault for an accident. For example, a crash might be determined as unpreventable if a truck was struck from behind. However, a driver might still be found at fault if they were driving in a way that made the rear-end collision more likely, such as driving without working brake lights or suddenly pulling in front of another vehicle. Ultimately, the purpose of the CPDP is to balance penalties against motor carriers and provide drivers with public recognition that they couldn’t have prevented an accident.

If you're looking for more information about the Crash Preventability Determination Program and what may have caused a truck accident that left you or a loved one injured, now is the time to talk to a truck accident lawyer at Arnold & Itkin. Call (888) 493-1629 today!