FMCSA to Update Crash Preventability Determination Program

The Federal Motor Carrier Safety Administration (FMCSA) holds commercial truckers to a higher standard than the average passenger vehicle: it is not enough to avoid fault from a crash, a truck driver must prove that they could not prevent it from happening. To that end the FMCSA has the Crash Preventability Determination Program (CPDP), established in 2020, but now being updated to cover a wider variety of crash types.

Details

In 2023 the FMCSA proposed changes to its currently listed 17 different crash types while also adding four new ones. The list of updated changes can be found in the Federal Register, but it is mostly changes in wordage to reduce ambiguity, as well as not requiring an admission of sleeping behind the wheel of the other party. We heard you snoring before the crash!

The other four crash types are thus:

1. CMV was struck on the side by a motorist operating in the same direction.
2. CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
3. CMV was struck because another motorist lost control of their vehicle.
4. Any other type of crash involving a CMV where a video demonstrates the sequence of events of the crash.

Here is the full list, straight from the Federal Register itself:

1. CMV was struck in the rear by a motorist.
2. CMV was struck on the side at the rear by a motorist.
3. CMV was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended.
4. CMV was struck because another motorist was driving in the wrong direction.
5. CMV was struck because another motorist was making a U-turn or illegal turn.
6. CMV was struck because another motorist did not stop or slow in traffic.
7. CMV was struck because another motorist failed to stop at a traffic control device.
8. CMV was struck because another individual was under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred.
9. CMV was struck because another motorist experienced a medical issue which contributed to the crash.
10. CMV was struck because another motorist fell asleep.
11. CMV was struck because another motorist was distracted ( e.g., cellphone, GPS, passengers, other).
12. CMV was struck by cargo or equipment from another vehicle, or debris ( e.g., fallen rock, fallen trees, unidentifiable items in the road);
13. CMV crash was a result of an infrastructure failure.
14. CMV struck an animal.
15. CMV struck an individual committing or attempting to commit suicide.
16. CMV was struck on the side by a motorist operating in the same direction as CMV.
17. CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
18. CMV was struck because another motorist lost control of the vehicle.
19. CMV was involved in a crash with a non-motorist.
20. CMV was involved in a crash type that seldom occurs and does not meet another eligible crash type ( e.g., being struck by an airplane or skydiver or being struck by a deceased driver in another vehicle).
21. Any other type of crash where a CMV was involved and a video demonstrates the sequence of events of the crash.

You will notice that with all twenty-one crash types, it assumes the driver of the commercial vehicle was not at fault but might have been able to do something to prevent it from happening regardless.

Conclusion

The timeline for when these updates and additions will occur is currently unknown, but since they have been in the Federal Register since April 2023, it is likely that it will happen soon. Until that happens, do try to avoid crashing into motorists operating in the same direction. Actually, try your best to do that even after the CDPD updates!

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