Preventable vs non-preventable accident: how FMCSA decides, and what changes on your record

A preventable accident is one a driver "who exercises normal judgment and foresight" could have foreseen and avoided without causing another kind of mishap. A non-preventable accident is one they could not have. As of October 2026, FMCSA applies that standard in its Crash Preventability Determination Program (CPDP), where a Not Preventable finding takes the crash out of your Crash Indicator.

Sources: 89 FR 96269 (Dec. 4, 2024) and SMS Methodology v3.21, p. 2-5. PSP is FMCSA's Pre-Employment Screening Program, the driver history report carriers check when hiring.

The preventability standard, in FMCSA's words

FMCSA uses one test for preventability. Appendix B to 49 CFR Part 385 states it, and the CPDP uses the same wording: "If a driver, who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred, and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap, the accident was preventable" (Appendix B to Part 385, section II.B(e)).

The definitions section adds the carrier's side. A "preventable accident on the part of a motor carrier" is one that involved a commercial motor vehicle (CMV) and "could have been averted but for an act, or failure to act, by the motor carrier or the driver" (49 CFR 385.3).

Preventable is not the same as at fault. FMCSA says its determinations "do not establish legal liability, fault, or negligence by any party." Under 49 U.S.C. 504(f), they may not be admitted into evidence or used in a civil action for damages (89 FR 96269).

Which crashes count against you in the first place

A crash enters your Safety Measurement System (SMS) record if it meets the federal definition of an accident: a CMV on a highway, in interstate or intrastate commerce, with a fatality, an injury treated immediately away from the scene, or a vehicle towed away because of disabling damage (49 CFR 390.5). The Crash Indicator counts these "regardless of the carrier or driver's role in the crash" (FMCSA CSA: Measure). That's why the CPDP exists: without a review, a crash where your parked truck was hit counts the same as any other. You also keep every recordable accident in your accident register for 3 years, whatever the preventability finding (390.15).

Three places preventability comes up

The word means different things in different processes. As of October 2026:

FMCSA states that CPDP determinations "will not affect any carrier's safety rating or ability to operate" and do not change the Part 385 standard (89 FR 96269). In a compliance review, the Accident factor uses your recordable accident rate when you had two or more recordable accidents in the prior 12 months. FMCSA will "consider preventability when a motor carrier contests a rating by presenting compelling evidence that the recordable rate is not a fair means of evaluating its accident factor" (Appendix B, II.B(d)-(e)).

CPDP eligible crash types

The CPDP reviews only listed crash types. As of October 2026, for crashes on or after Dec. 1, 2024, FMCSA accepts these 21 (89 FR 96269). Crashes before that date are judged under the 2020 list.

The 2024 wording widened several types. "Struck because another motorist..." now covers indirect strikes: a car with a medical emergency hits a second car, which then hits your truck. Types 16 to 19 and type 21 are new; type 20 carries over from the old list. Type 21 is the broadest, and it depends on having video of the full crash sequence.

How to submit a crash for a preventability review

The CPDP runs through DataQs, FMCSA's data review system (DataQs). As of October 2026, these steps follow FMCSA's 2020 and 2024 program notices:

1. Wait until the crash is in FMCSA's system. DataQs will not let you complete a CPDP request until the State has submitted the crash report to FMCSA's Motor Carrier Management Information System. You can enter the details and save the request until then (85 FR 27017).
2. Get the police accident report. It is required. FMCSA "will continue to require a PAR issued from a law enforcement agency as a condition of eligibility" (89 FR 96269).
3. Pick the matching crash type from the table above.
4. Add your evidence. FMCSA encourages videos, pictures and court documents. The burden is on you "to provide compelling evidence that the crash is eligible and not preventable" (89 FR 96269).
5. For a fatal crash, add the post-accident test results. Include the DOT post-accident drug and alcohol results, or the required explanation of why they weren't done in time. Alcohol tests are due within 2 hours (with a record if not), and attempts stop at 8 hours. Drug tests stop at 32 hours (49 CFR 382.303(d)).
6. Answer follow-up requests within 14 calendar days. Missing documents "may preclude a 'Not Preventable' determination and may result in an 'Undecided' determination" (89 FR 96269).
7. Read the determination. If you get Preventable or Undecided, or the request was closed for missing documents, you may reopen it once, or file a new request with new evidence.

Our DataQs guide covers the system itself, including the State review rules that took effect Sept. 18, 2026 for inspection and crash data.

What leads to a Preventable or Undecided finding

FMCSA has said it will rule a crash Preventable when the evidence shows the driver or carrier could have prevented it, or when the driver or carrier "was prohibited from operating the CMV at the time of the crash" (89 FR 96269). The notice names these triggers:

• out-of-service violations in effect at the time;
• license violations, or a driver who was not qualified on the date of the crash;
• a driver prohibition in the Drug and Alcohol Clearinghouse;
• a positive post-accident test, or a refusal to test.

An Undecided result usually comes from gaps. If the police report is the only document you submit and its narrative conflicts with its diagram or point of impact, the crash may be found ineligible or undecided (85 FR 27017). So can missing licensing or medical certification records for the crash date.

What a Not Preventable finding changes

A Not Preventable crash stays visible on the public SMS website but sits in a separate table. It is excluded from your Crash Indicator measure and percentile. Only Not Preventable findings are noted on the driver's PSP record (89 FR 96269; SMS Methodology, p. 2-5).

How much that can move the number: during FMCSA's two-year demonstration program, carriers with Not Preventable crashes removed saw an average drop of 9 points in their recalculated Crash Indicator percentile, according to FMCSA's 2020 notice (85 FR 27017). That is a program-wide average from the demonstration that FMCSA announced in July 2017, not a promise for any one fleet. The Crash Indicator also needs at least two crashes before it produces a percentile at all (SMS Methodology, p. 3-9). Our guide to CSA BASICs explained shows how each BASIC is built.

Decision table: should you submit this crash?

What preventability won't fix

A Not Preventable finding removes one crash from one BASIC. It doesn't touch the other six BASICs, your safety rating, or a court case. The next crash is prevented elsewhere: in hiring, training, speed management and following distance. Our guides on how to reduce fleet accidents and how to improve your CSA score cover those steps. If video evidence is the gap, our fleet safety software guide lists what to ask camera vendors about exporting a full crash sequence.

Off Duty Not Driving Rewards is a rewards program for trucking fleets. Contact our team to learn more.

This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.