FMCSA Crash Report: Removing Not-At-Fault Accidents

Suffered an accident that wasn't your fault, and now it's haunting your FMCSA crash report? It's a frustrating situation, but don't despair! While you can't completely erase the accident, you can take steps to ensure it's viewed fairly. This blog post will guide you through the process of challenging a crash listing and potentially getting it marked as "Not Preventable." We'll cover everything from gathering evidence to submitting your request, so you can protect your driving record and your carrier's safety score.

Understanding FMCSA Crash Reports

Your FMCSA crash report, part of the Pre-Employment Screening Program (PSP), contains a record of your crash history. Similarly, your carrier's Compliance, Safety, Accountability (CSA) score is impacted by reported crashes. These records are used by potential employers and insurance companies to assess risk. Crashes stay on your FMCSA record (PSP) for 5 years and on your carrier’s CSA score for 3 years, regardless of fault. This can be a major headache if you were not at fault!

The good news? The FMCSA has a Crash Preventability Determination Program (CPDP) that allows you to challenge crashes that meet specific criteria. If successful, the crash will be marked as "Not Preventable," which significantly mitigates its negative impact.

Key Takeaways:

• You can't remove a crash entirely, but you can get it marked as "Not Preventable."
• Gathering solid evidence is crucial for a successful challenge.
• The FMCSA has specific criteria for what qualifies as "Not Preventable."
• A "Not Preventable" designation improves how employers and insurers view your record.

Steps to Challenge a Crash Listing

Here's a step-by-step guide to challenging a crash listing on your FMCSA crash report:

1. Gather Evidence: Your Arsenal of Proof

This is the most critical step. The more compelling your evidence, the better your chances of success.

• Official Police Crash Report: This is the foundation of your case. Obtain a copy of the official police report from the relevant law enforcement agency.
• Supporting Documents: Bolster your claim with additional evidence:
  • Dashcam Footage: If you have dashcam footage of the incident, it can be invaluable in demonstrating that you were not at fault.
  • Photographs: Photos of the accident scene, vehicle damage, and any contributing factors (e.g., road conditions) can provide visual evidence.
  • Court Documents: If the incident resulted in legal proceedings, include any relevant court documents, such as judgments or dismissals.
  • Insurance Records: Insurance claim information, including determinations of fault, can support your case.
  • Witness Statements: If there were witnesses to the accident, obtain written statements from them.
• Fatality-Related Crashes: If the crash involved a fatality, include drug and alcohol test results for yourself. If tests were not conducted, provide a clear explanation as to why.

Actionable Advice: Start gathering evidence immediately after the accident. The sooner you begin, the easier it will be to collect all the necessary documentation.

2. Submit a Request for Data Review (RDR)

Once you've compiled your evidence, it's time to submit your request to the FMCSA.

• DataQs Website: The FMCSA uses the DataQs system for data review requests. Go to the FMCSA DataQs website.
• Submit Your RDR: Follow the instructions on the DataQs website to submit your Request for Data Review. Be sure to clearly explain why you believe the crash was not preventable and how the evidence supports your claim.
• Upload Supporting Documents: Upload all of your supporting documents to the DataQs system. Ensure that all documents are legible and properly labeled.

Actionable Advice: Be clear, concise, and professional in your RDR. Highlight the key evidence that supports your claim and explain why the crash meets the FMCSA's criteria for a "Not Preventable" designation.

3. Eligibility: Does Your Crash Qualify?

Not all crashes are eligible for review under the CPDP. The FMCSA has specific criteria for what qualifies as a "Not Preventable" crash. Some common examples include:

• Impaired Driver: Your vehicle was struck by another driver who was under the influence of drugs or alcohol.
• Rear-End Collisions: Your vehicle was rear-ended or hit while legally stopped.
• Infrastructure Failure: The crash was caused by a failure of infrastructure, such as a bridge collapse or a malfunctioning traffic signal.
• Animal Strikes: The crash was caused by striking an animal.
• Falling Debris: The crash was caused by falling debris, such as rocks or trees.

Actionable Advice: Review the FMCSA's Crash Preventability Determination Program FAQs to ensure that your crash meets the eligibility criteria.

4. FMCSA Review: The Waiting Game

After you submit your RDR, the FMCSA will review your submission. This process can take time, often up to 90 days, due to the high volume of requests.

• Patience is Key: Be patient and allow the FMCSA sufficient time to review your case.
• Check DataQs: You can check the status of your RDR on the DataQs website.

Actionable Advice: While you're waiting, don't hesitate to gather any additional evidence that might strengthen your case.

5. Outcome: Understanding the Results

Once the FMCSA has completed its review, you will receive a notification of the outcome.

• Approved: If your request is approved, the crash will be marked as "Not Preventable" on your record. This is the best possible outcome, as it significantly reduces the negative impact of the crash. Your carrier’s CSA score will also be adjusted accordingly.
• Denied: If your request is denied, the crash will remain on your record as is. You can appeal the decision, but you will need to provide new evidence or a compelling argument for why the original decision was incorrect.

Actionable Advice: Regardless of the outcome, carefully review the FMCSA's explanation for its decision. This will help you understand the factors that influenced the outcome and inform your future actions.

The Impact of a "Not Preventable" Designation

Even though the crash will still appear on your record, the "Not Preventable" tag makes a significant difference. Employers and insurers will view the crash more favorably, as it demonstrates that you were not at fault. This can improve your job prospects and help you secure better insurance rates.

Don't Give Up!

Challenging a crash listing can be a complex and time-consuming process, but it's worth the effort. By gathering strong evidence and following the steps outlined in this blog post, you can increase your chances of getting a not-at-fault accident marked as "Not Preventable" and protect your driving record.

Call to Action

Have you ever successfully challenged a crash listing on your FMCSA crash report? Share your experiences and tips in the comments below! Don't forget to subscribe to our blog for more helpful tips and resources for truck drivers and carriers. Share this post with your fellow drivers to help them understand their rights and options.

Further Reading

• Crash Preventability Determination Program FAQs | FMCSA
• CSA Score Reduction, How To Challenge FMCSA Crash Rulings
• FMCSA Offers Relief on Crash Indicator - Primerus
• DOT Recordable Accident: Ultimate Guide - My Safety Manager