WASHINGTON — Federal regulators should change how they record accidents involving trucks so that they don’t unfairly target drivers and carriers, according to comments submitted in response to the Federal Motor Carrier Safety Administration’s plans to alter and expand categories of crash types available to the industry for reporting accidents.
Since May 2020, FMCSA has accepted Requests for Data Review (RDRs) in its DataQs system to evaluate accident preventability by truck drivers in 16 crash types. By modifying them and adding four more categories, FMCSA wants to better identify nonpreventable accidents used in its Crash Preventability Determination Program (CPDP).
Most of those commenting on the changes support them, based on submissions filed two months after FMCSA issued a notice in April. But some, including the Owner-Operator Independent Drivers Association, say FMCSA should be taking stronger steps to protect truckers’ safety records.
Because the driver or carrier is responsible for getting a crash overturned based on the evidence, “the system forces drivers/carriers to step out of their roles as professional truckers and become crash investigators, evidence collectors, and perform multiple functions to upload necessary documentation for review,” stated OOIDA President Todd Spencer.
In addition, Spencer pointed out, a submitter to a crash review must currently wait over 90 days to receive a determination from FMCSA. “A non-preventable crash posted on a small motor carrier’s safety record lingering for 90 days or more can be crippling and could shut down an otherwise safe carrier,” he asserted.
“We believe transferring the burden to the agency to determine crash preventability will help keep safe, experienced motor carriers in business and will also reduce the current backlog of CPDP submissions. The implementation of the CPDP has clearly proven that motor carriers should not have to submit documentation and wait months on end in order to remove non-preventable crashes from their record.”
Bryan Griffith, a lawyer commenting on behalf of his law firm, Sanborn, Brandon, Duvall and Bobbitt, agrees that FMCSA is putting undue burdens on truckers and that carriers “are guilty until proven innocent,” based on FMCSA’s crash reporting process.
“When a state agency reports a crash, the safety points for that crash are added to the motor carrier’s CSA [compliance, safety, accountability] scores within a month, when the next snapshot is released,” Griffith wrote.
“The crash is presumed to be valid, regardless of the facts of the crash, and the burden is shifted to the motor carrier to prove the crash was one of the limited number of not preventable crashes that can be removed from the CSA scores through the CPDP program. This is contrary to the basic constitutional right to be innocent until proven guilty. The FMCSA does not require any proof, evidence, or a hearing before burdening the motor carrier with this ‘conviction,’ which burden remains for two full years.”
Griffith recommends that when a carrier submits a review request for a crash, the CSA points attached to it be removed from the safety calculation for that carrier and the public posting of it until the response for the crash is completed.
“This would remove the unfair burden on motor carriers from not preventable crashes caused by third parties,” he stated.
Werner: Allow video evidence without police reports
The four additional crash types involving a commercial motor vehicle (CMV) that FMCSA is proposing to include as a non-preventable are those in which the CMV is:
- Struck on the side by a motorist operating in the same direction.
- Struck because another motorist was entering the roadway from a private driveway or parking lot.
- Struck because another motorist lost control of a vehicle.
- Involved in any other type of crash in which a video demonstrates the sequence of events of the crash.
Werner Enterprises (NASDAQ: WERN) commented that it supports the new crash types, particularly those in which video evidence can be used.
“We ask that FMCSA consider accepting video footage directly from carriers as a source of accurate events leading up to an accident without also requiring the police report, which can take months to receive,” the company stated.
“This could allow FMCSA to clear the not-at-fault driver and remove a crash from the Safety Measurement System in a timely manner.”
R.M.Rehmer
If one looks very closely at the accidents that involve a semi-truck, you are going to find that a car is really at fault. The sheer fact is trucks have to carry forward-looking cameras like the police have to have body cameras to prove they are not the guilty party. Now I will never say trucks are not at fault in some cases. The quality of the training of some of these young drivers leaves a lot to be desired. The EDL system that was supposed to make drivers more safe has caused a great many accidents with drivers racing the clock. In truth, FMCSA is not about safety; it is about control, therefore, they blame semi-trucks as the cause of accidents so they can impose more fines and control over trucks
Francisco G. Acuna
I am a bit confused why an accident report completed by a Commercial Enforcement Trooper certified crash investigator is insufficient in determining preventability. If the crash report completed by the crash investigation clearly shows the motor carrier driver was not at fault why is the motor carrier required to provide additional evidence. Are these crash investigator experts report no longer a credible source? This contradicts the requirement to attached a crash report when submitting a preventability determination request.
I was denied preventability despite the attached crash report that clearly shows the at fault driver was speeding in the number one lane during heavy raining resulting in loosing control striking a guard rail and bouncing across t3 lanes and striking a commercial motor vehicle in the 3rd lane. The report also indicated the at fault driver was on his cell phone.
The denial was based on the fact the impact on the CMV was inconsistent on the specific area outlined in the preventability guide. Thinking this was a mistake I resubmitted and again denied for the same reason.
Joseph Williams
I wish there was some way to get around the police reports. I mean submit the pics and or video and let them decide from that evidence at least at first because if the police/detective is wrong they will go with that regardless of proof given. At least that has been my experience. Give them the police report afterwards.
Kamil P
Despite the Federal Motor Carrier Safety Administration (FMCSA) introducing additional categories for crash DataQ requests, there remains a significant denial of such requests. This is evident in a recent case where a crash DataQ was denied, citing that two accidents involving a truck rollover followed by another truck striking it were deemed a valid note. This highlights a continued pattern of denial by the FMCSA, indicating a reluctance to acknowledge and address crucial crash data.
Alwaysthetruckersfault
A van cut off my truck, hitting his steer and flipping, the guy in the van died. We got a Fatality put on our company even though we had no fault at all.
Another time in CALI, there was stop and go traffic, a ram 2500 rear ended my trailer, completely demolished the entire tail of trailer.
Cop put blame on my driver, even though my driver had no fault at all.
Other time my driver was just driving on interstate when a was getting on the onramp to the interstate and just slid into the area the tanks are. thank god he was okay. We still got blamed.