The trucking industry operates under immense pressure to maintain safety while ensuring efficiency. Because of the size and weight of large commercial vehicles, truck accidents can be highly catastrophic. Due to the challenges in existing truck accident reporting rules, the Federal Motor Carrier Safety Administration (FMCSA) established the Crash Preventability Determination Program (CPDP). The goal is to assess whether certain truck crashes could have been avoided.
Since its launch in May 2020, the program has allowed carriers and drivers to submit Requests for Data Review (RDRs) to challenge crash records. Using 16 specific crash categories, the FMCSA evaluates each case to decide whether a crash was preventable. Recently, the agency proposed modifying existing categories and adding four new ones to address nonpreventable incidents more comprehensively.
What changes did the FMCSA propose to reporting rules?
Last year, the FMCSA suggested expanding the program to include four additional crash types. The goal was to ensure the program more accurately identifies nonpreventable crashes. Many in the trucking industry welcomed the proposed updates and viewed them as a step toward fairness. For example, Werner Enterprises supported the new categories and cited the potential of video evidence in clearing non-fault drivers. Werner also urged the FMCSA to accept video footage as sufficient proof without requiring a police accident report (PAR).
Why do some carriers criticize the process?
The trucking industry has voiced concerns about the CPDP’s process. The Owner-Operator Independent Drivers Association (OOIDA) pointed out that carriers and drivers bear the responsibility of gathering evidence to contest a crash. OOIDA President Todd Spencer argued that the system pushes drivers to act as investigators, collect evidence, and deal with complex documentation processes. These tasks fall outside their professional roles.
Additionally, the extended wait time for FMCSA determinations creates operational and financial challenges. Drivers and carriers often wait over 90 days for a decision. For small carriers, this delay can be devastating, as a nonpreventable crash lingering on their safety record can impact business viability.
How did the FMCSA respond to industry concerns over new reporting rules?
The FMCSA rejected several recommendations to ease the burden on drivers and carriers. The agency maintained that submitters must provide compelling evidence, including documents like videos, pictures, and PARs, to prove a crash was not preventable. According to the FMCSA, the PAR remains the most reliable source for verifying crash details and ensuring accurate evaluations.
While the FMCSA insists on strict reporting requirements to uphold safety standards, victims of truck accidents often face their own challenges in seeking accountability. Trucking companies and their insurers may use these same rules to deflect responsibility, making it critical for victims to have legal advocates who understand the nuances of liability in trucking accidents.
The agency also stood firm on post-accident drug and alcohol testing requirements for crashes involving fatalities. While Knight-Swift Transportation requested leniency in cases where privacy laws hinder updates on injury severity, the FMCSA insisted on adhering to federal regulations. According to the FMCSA, these reporting rules align with carriers’ existing responsibilities for post-accident testing.
When will the new crash categories take effect?
The FMCSA announced that the updated and new crash categories will apply to incidents occurring on or after December 1, 2024. This timeline avoids retroactively applying new criteria and ensures consistency in evaluating crashes. Carriers can submit RDRs for the revised categories after the implementation date.
How do these changes impact truck accident victims?
The FMCSA's reporting changes highlight the trucking industry's ongoing efforts to improve accountability and safety. However, for victims of truck accidents, these rules may also affect how liability is determined in a crash. While the CPDP focuses on nonpreventable incidents, victims can still face challenges when holding trucking companies accountable for crashes caused by negligence, such as driver fatigue, improper maintenance, or reckless driving.
If you've been injured in a truck accident, understanding the complexities of reporting and liability can be overwhelming. Having an experienced attorney who knows how to navigate these processes is essential to building a strong case for compensation.
Our truck accident lawyers help victims demand justice
When a truck accident changes your life, you need a legal team that knows how to fight for you. The attorneys at Dean Waite & Associates have recovered hundreds of millions of dollars for crash victims, including a $6.75 million truck accident settlement involving a wrongful death and a $6.5 million settlement for a DUI truck crash. Our Mobile-based attorneys have decades of experience holding trucking companies accountable and seeking justice for clients across Alabama. We’re ready to help you, too.
You can expect personalized, aggressive representation when you work with Dean Waite & Associates. During your free consultation, we'll review your case, explain your potential legal options, and outline a legal strategy tailored to your needs. We also operate on a contingency fee basis, which means you pay nothing unless we win your case. From gathering evidence to negotiating with insurance companies, we handle every detail so you can focus on your recovery.
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