How carriers can dispute crashes News

How Carriers Can Dispute Crashes

03.15.2018 - 6:03 PM Comments: 0

As a carrier, did you know you can dispute certain crashes and have them removed from your CSA scores?

Last year, the FMCSA announced the Crash Preventability Demonstration Program. According to this program, the agency can accept requests for data reviews (RDRs) and evaluate the preventability of certain types of crashes. This program is expected to last a minimum of 24 months, so don’t delay your request.

To help you figure out how you can dispute crashes, continue reading on.

Submit Eligible Crashes

When filing your eligible crashes to the FMCSA, make sure that you submit it through the proper process at this website: https://dataqs.fmcsa.dot.gov.

Through the “standard review program”, you can select “Not an FMCSA-reportable crash”. It is meant for crashes that “do not meet the FMCSA’s recordable crash definition of fatality, injury, or property damage requiring a vehicle to be towed from the scene.”

Under the standard review program, your request will be closed without a preventability determination because it was not submitted under the demonstration program.

If you file your crash under the “crash preventability demonstration program”, you will have to make sure that you:

  1. Select “crash could not be prevented”.
  2. Make sure that the crash occurred after June 1, 2017.
  3. Select an eligible crash type.

Eligible Crash Types

According to the FMCSA, these are the crash types that are eligible for review during the pilot program:

  • When the commercial motor vehicle (CMV) was struck by a motorist driving under the influence;
  • When the CMV was struck by a motorist driving the wrong direction;
  • When the CMV was struck in the rear;
  • When the CMV was struck while it was legally stopped or parked;
  • When the CMV struck an individual committing, or attempting to commit, suicide by getting in front of the CMV;
  • When the CMV sustained disabling damage after striking an animal in the road;
  • When the crash was the result of an infrastructure failure, falling trees, rocks, or other debris;
  • When the CMV was struck by cargo or equipment from another vehicle.

Ineligible Crash Types

Please keep in mind that there are certain crash types that are actually ineligible under the demonstration program. Here are the crash types that do not qualify for review:

  • Crashes that do not meet any eligible crash type;
  • RDRs asserting the driver who struck the CMV was operating under the influence without proof;
  • Crashes identified as “struck by a motorist driving the wrong direction” where it was not deemed accurate;
  • Crashes where the CMV was struck in other places than the rear;
  • Crashes when vehicles were stopped in traffic and not legally parked;
  • RDRs alleging suicide attempts without appropriate supporting evidence;
  • RDRs indicating the CMV struck other vehicles that stopped for fallen tree or rocks, but the CMV did not strike the tree or rocks;
  • Review requests which state the CMV was struck by equipment or cargo, but the documentation says otherwise.

Proper Documentation

Once you select the proper submission method for your crash, make sure that you provide the necessary documents and evidence that prove the crash was not preventable.

The Review Process

If the FMCSA determines that a crash could have been preventable, carriers will have the option to re-open the request if they have additional information that could prove non-preventability.

During the review process, the agency can determine that the crash is “preventable”, “not preventable”, or “undecided”. In “undecided” scenarios, a note will be included that states the “FMCSA reviewed this crash and could not make a preventability determination based on the evidence provided.”

If the crash is deemed “not preventable”, it will still appear in the CSA SMS, but will not count against the carrier.

It usually takes around 2 weeks to have a crash reviewed.

Do You Need Additional Help?

Then let us help you. As experts in the transportation field, we have a team that is prepared to help you find success in our industry and can answer any question you might have.

In respect to the impending ELD mandate, if you need additional help, UTECH is here for you. With our knowledge and expertise, we will ease your fears, so you can continue doing your job efficiently.

We are leading specialists in the trucking industry, to help ensure safety for everyone on the roads. GPSTab has gone through a rigorous certification process, and we guarantee that it will make a great choice as an ELD solution for your business. With the well-known and tested GPSTab platform, our edition will provide more functionality to fleets of all sizes, while keeping drivers happy.

Leave a Reply
Your email address will not be published.

Best read

Business, News
Read more

Understanding ELDs, AOBRDs, and the ELD Mandate

The Department of Transportation (DOT) is mandating that every truck on the road has an Electronic Logging Device (ELD) installed by December 16, 2019. The ELD will replace paper logbooks and Automatic Onboard ...
05.2.2019 - 7:20 PM Comments: 0
Business, News
Read more

UTECH Announces New Integrations With DAT Solutions

Originally announced via Consumer Carrier Journal UTECH is proud to announce that our team has partnered with DAT solutions to offer a range of new integrations with UTECH TMS. These new capabilities will ...
04.17.2019 - 8:00 AM Comments: 0

PARTNERS AND CUSTOMERS

We use cookies to improve your experience on our website. By browsing this website you are agreeing to our cookie policy. Ok
Your browser is out-of-date!

Update your browser to view this website correctly. Update my browser now

×

contact us
We are offline

Please, leave your message Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

Send