The Federal Motor Carrier Safety Administration (FMCSA) is advancing changes to its Crash Preventability Determination Program (CPDP), which it has operated since May 2020. Many in the trucking industry welcomed the proposed modifications to better account for non-preventable truck accidents. However, some motor carriers argue that the changes in the existing truck accident reporting guidelines still place undue burdens on drivers and carriers.
Last year, the FMCSA proposed altering the CPDP’s 16 crash categories. It also proposed adding four new ones to better differentiate between preventable and non-preventable crashes. These adjustments will provide a more accurate assessment of crash preventability, which can potentially lead to fairer safety records for carriers. The majority of the trucking industry responded positively to these proposals.
Some motor carriers are dissatisfied with the changes
The Owner-Operator Independent Drivers Association (OOIDA) voiced concerns about the revised CPDP. According to OOIDA President Todd Spencer, the current system forces drivers and carriers to act as crash investigators and evidence gatherers. These roles already extend beyond their professional duties.
Spencer pointed out that carriers must submit detailed documentation and wait over 90 days for FMCSA’s determination on crash preventability. This delay can severely impact small motor carriers by tarnishing their safety records and potentially shutting down their businesses.
OOIDA advocates for shifting the responsibility of determining crash preventability to FMCSA. They argue that this change would help maintain the operations of safe, experienced carriers and reduce the backlog of CPDP submissions. Despite these concerns, FMCSA has decided to keep the submission process initiated by carriers and drivers.
How the FMCSA is responding to industry feedback
The FMCSA has stood firm against OOIDA’s requests to alter the submission process. In a recent notice, the agency clarified that submitters are responsible for providing compelling evidence that a crash is non-preventable. The FMCSA encourages carriers and drivers to include additional documents such as videos, pictures, and court records to support their requests.
The agency explained that its Motor Carrier Management Information System (MCMIS) lacks direct access to police accident reports (PARs). This makes it necessary for submitters to provide detailed information beyond what is available in MCMIS.
For crashes resulting in fatalities, the FMCSA requires post-accident drug and alcohol testing results or explanations for any delays in completing these tests. Despite requests from Knight-Swift Transportation and other carriers to relax these requirements due to privacy laws, the FMCSA maintains that these regulations are important for upholding safety standards and ensuring accurate preventability determinations.
Werner Enterprises supported the introduction of new crash types, particularly those involving video evidence. Werner suggested that the FMCSA should accept video footage directly from carriers to expedite the removal of non-preventable crashes from safety records. This approach could help clear not-at-fault drivers more swiftly and reduce the reliance on lengthy police reports.
However, the FMCSA declined to eliminate the requirement for PARs. The agency has stated that official documentation is necessary to verify crash details and ensure accurate reviews. Additionally, the majority of PARs submitted contain sufficient information to complete preventability reviews.
When will the new CPDP truck accident reporting changes take effect?
The FMCSA announced that the updated crash types and criteria will not be applied retroactively. This decision ensures consistency in how crashes are analyzed based on their occurrence dates. The agency began accepting Requests for Data Review (RDRs) for the new and revised crash types as of December 1, 2024. This phased implementation allows carriers and drivers to prepare for the changes and adjust their documentation practices accordingly.
What these changes mean for truck accident victims in Texas
The FMCSA's ongoing efforts to refine crash reporting standards highlight the complexity of determining fault in truck accidents. While these updates seek to provide fairness for motor carriers, they also highlight how challenging it can be for victims to navigate the aftermath of a crash. Whether it’s dealing with confusing reporting processes, aggressive insurance companies, or uncooperative trucking firms, pursuing justice after a truck accident often feels like an uphill battle.
This is where an experienced Texas truck accident attorney becomes crucial. A skilled lawyer understands how to investigate truck accidents, identify liability, and ensure that victims aren’t left to shoulder the financial burden of someone else’s negligence. From analyzing crash reports to leveraging evidence like video footage, medical records, and witness testimony, your attorney will handle the details so you can focus on recovery.
Turn to the Texas truck accident lawyers at Tracey Fox & Walters
If you’ve been injured in a truck accident caused by a negligent trucker or trucking company, you deserve full compensation for your injuries and damages. The Texas truck accident lawyers at Tracey Fox & Walters are well-versed in federal and state trucking regulations and know how to build strong cases for maximum compensation.
Our legal team works tirelessly to hold reckless semi-truck drivers and trucking companies accountable. Whether it's negotiating with insurers or preparing for trial, we are committed to achieving the best possible outcome for you. We also operate on a contingency fee basis, meaning you don’t pay unless we win your case.
Let us fight tirelessly to protect your rights and achieve the best possible outcome for your truck accident claim. Contact us online or call one of our law offices in Houston, Dallas, or San Antonio for a free case evaluation.
"The team at Tracey Law Firm was top-notch and extremely supportive during the whole process. They took the time to understand the details of the case, advised on how to proceed during each step of the process, and genuinely cared about the outcome. If you are looking for a law firm that will give solid advice and achieve the best outcome, I would strongly recommend using Tracey & Fox." - Hunter B.
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