Clear Your Record: Removing Non-Preventable Crashes from CSA

Introduction: Don't Let Unfair Accidents Hurt Your Safety Score

Accidents happen, and sometimes, they're simply not your fault. But what happens when a crash – one where your company wasn't at fault – negatively impacts your safety score? It can affect your business, insurance rates, and overall reputation. The good news is that the Federal Motor Carrier Safety Administration (FMCSA) has a process to address these situations. This blog post will guide you through the steps to remove non-preventable crashes from your Compliance, Safety, Accountability (CSA) scores, ensuring your record accurately reflects your company's safety performance. We'll cover everything from eligibility to required documentation, giving you the knowledge and tools to fight for a fair assessment.

Key Takeaways:

• You can challenge crashes that weren't your fault.
• The FMCSA's Crash Preventability Determination Program (CPDP) is your tool.
• Proper documentation is crucial for a successful challenge.

Understanding the FMCSA's Crash Preventability Determination Program (CPDP)

The CPDP is designed to allow motor carriers to challenge crashes they believe were non-preventable. This means that even if your vehicle was involved in an accident, if your driver did everything reasonably possible to avoid it, you have grounds to request a review. This program acknowledges that sometimes, accidents are unavoidable, and carriers shouldn't be penalized for circumstances beyond their control.

Example: Imagine one of your drivers is rear-ended at a stoplight by a distracted driver. Your driver was following all traffic laws and had no way to prevent the accident. This is a prime example of a non-preventable crash that you could challenge.

Step-by-Step: Removing a Non-Preventable Crash from Your CSA Score

Here's a detailed breakdown of the process:

1. Determine Eligibility

Before you start gathering documents, make sure the crash qualifies for review. The FMCSA has specific criteria for what constitutes a reviewable crash. Generally, if the crash was unavoidable and your driver took all reasonable actions to prevent it, you're likely eligible.

2. Submit a Request for Data Review (RDR)

The official channel for challenging a crash is through the FMCSA's DataQs website. This online portal allows you to submit a Request for Data Review (RDR) and provide all the necessary documentation.

Actionable Advice:

• Create an account on the DataQs website if you don't already have one.
• Familiarize yourself with the RDR form before you begin filling it out.

3. Gather Required Documentation

This is arguably the most critical step. The strength of your case depends on the quality and completeness of your documentation.

Mandatory Document:

• Police Accident Report: This is non-negotiable. You must include the official police report for the accident.

Supporting Evidence (Highly Recommended):

• Videos: Dashcam footage or surveillance video can provide irrefutable evidence of the circumstances surrounding the crash.
• Pictures: Photos of the accident scene, vehicle damage, and road conditions can help paint a clear picture.
• Court Documents: If there were any legal proceedings related to the accident, include relevant court documents.
• USDOT-Based Drug and Alcohol Test Results (for fatal crashes): The FMCSA requires these results for any fatal crashes being reviewed.

Actionable Advice:

• Start gathering documentation as soon as possible after the accident.
• Ensure all documents are clear, legible, and properly labeled.
• If you have dashcam footage, make sure it's easily accessible and in a compatible format.
• Consider getting a signed statement from your driver detailing the events leading up to the crash.

4. Craft a Compelling Narrative

Don't just submit documents; tell the story of the accident from your perspective. Explain why you believe the crash was non-preventable and how your driver acted responsibly.

Actionable Advice:

• Write a clear and concise statement outlining the events of the crash.
• Highlight any factors that contributed to the accident that were beyond your driver's control (e.g., weather conditions, actions of other drivers).
• Emphasize any actions your driver took to mitigate the accident (e.g., evasive maneuvers, warning signals).

5. Submit Your RDR

Once you've gathered all your documentation and crafted your narrative, submit your RDR through the DataQs website.

Actionable Advice:

• Double-check all information before submitting.
• Keep a copy of your submission for your records.

6. Await Review and Determination

The FMCSA will review your submission and make a determination. This process can take some time, so be patient.

Possible Outcomes:

• Not Preventable: The crash will be listed separately on the public SMS website and excluded from your Crash Indicator BASIC. This is the outcome you're hoping for!
• Preventable: The crash will remain in your Crash Indicator BASIC, but a notation will be added indicating that it was reviewed.

7. Monitor Your SMS and PSP

After a determination is made, the FMCSA will post the results to the Safety Measurement System (SMS) and Pre-Employment Screening Program (PSP) within 60 days. Keep an eye on these systems to ensure the changes are reflected accurately.

The Importance of Thorough Documentation

We can't stress this enough: the quality of your documentation is paramount. The FMCSA relies on the evidence you provide to make its determination. The more compelling and comprehensive your documentation, the better your chances of a successful outcome.

Real-World Example: A trucking company successfully challenged a crash where one of its drivers was hit by a drunk driver. The key to their success was the dashcam footage, which clearly showed the drunk driver swerving erratically before the collision. Without that video evidence, it would have been much harder to prove the crash was non-preventable.

Don't Give Up!

Removing a non-preventable crash from your CSA score can be a challenging process, but it's worth the effort. By following these steps and providing thorough documentation, you can ensure your company's safety record accurately reflects your commitment to safety.

Call to Action

Have you ever successfully challenged a crash on your CSA score? Share your experiences and tips in the comments below! Subscribe to our blog for more valuable insights on fleet safety and compliance. Don't forget to share this post with your fellow fleet managers and safety professionals.

Further Reading

• Crash Preventability Determination Program FAQs | FMCSA
• How Fleets Can Easily Remove Crash Preventability Off CSA Scores