Crash Preventability

The sole method to establish preventability within the Data Q system is by providing a police report that unequivocally indicates the Commercial Motor Vehicle (CMV) was not at fault.

The Federal Motor Carrier Safety Administration (FMCSA) uses all reportable crashes, regardless of their preventability, to assess a carrier's safety risk. It is the carrier's responsibility to demonstrate crash preventability by providing a police report and other relevant documentation that supports the preventability claim. If a carrier fails to provide a police report when using the DATA Q system, the accident will automatically be disqualified from review. I have encountered numerous situations in various states where accident reports either lack comprehensive descriptions of the accident or are simply unavailable. This unavailability can result from several factors, such as reports not being filed, documents being lost within the system, or potential litigation that restricts access, particularly in cases involving minors. As a result, motor carriers often struggle to produce the necessary documentation to substantiate preventability. This can lead to accidents being unfairly classified as preventable, which can have serious consequences. Such classifications can result in increased Compliance, Safety, Accountability (CSA) scores and potentially harm a carrier’s safety rating during compliance reviews—issues that are entirely beyond the carriers control.

I request that the FMCSA permit carriers to demonstrate preventability through alternative methods, such as compelling video evidence, especially when a police report is unavailable, lacks critical details about the incident, or cannot be released due to ongoing litigation. By considering these alternative options, the FMCSA can create a fairer assessment process that acknowledges the complexities of each situation while supporting carriers who strive for safety on our roads. Can this topic be discussed at the CVSA Workshop in April 2026 in the Passenger Carrier Committee? Thank you Christopher Crean Vice President Safety & Security Peter Pan Bus Lines, Inc.