FMCSA's CPDP: eligible crashes, evidence and DataQs requests

Which dates and time limit apply

The 21 crash types below apply to crashes on or after December 1, 2024. Earlier crashes are reviewed under the previous standards, described in question 6 of the CPDP FAQs. FMCSA cannot review crashes older than five years (program page; Eligibility Guide p. 1).

The 21 eligible crash types

The following wording is quoted from FMCSA's CPDP program page, updated December 10, 2024. CMV means commercial motor vehicle. The Eligibility Guide adds conditions and examples for these types; the list alone is not a determination about a particular crash.

• 1. "CMV was struck in the rear by a motorist."
• 2. "CMV was struck on the side at the rear by a motorist."
• 3. "CMV was struck on the side by a motorist operating in the same direction as CMV."
• 4. "CMV was struck because another motorist was driving in the wrong direction."
• 5. "CMV was struck because another motorist was making a U-turn or illegal turn."
• 6. "CMV was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended."
• 7. "CMV was struck because another motorist did not stop or slow in traffic."
• 8. "CMV was struck because another motorist failed to stop at a traffic control device."
• 9. "CMV was struck because another individual was under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred."
• 10. "CMV was struck because another motorist experienced a medical issue which contributed to the crash."
• 11. "CMV was struck because another motorist fell asleep."
• 12. "CMV was struck because another motorist was distracted (e.g., cellphone, GPS, passengers, other)."
• 13. "CMV was struck by cargo or equipment from another vehicle, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road)."
• 14. "CMV crash was a result of an infrastructure failure."
• 15. "CMV struck an animal."
• 16. "CMV crash involving a suicide death or suicide attempt."
• 17. "CMV was struck because another motorist was entering the roadway from a private driveway or parking lot."
• 18. "CMV was struck because another motorist lost control of the vehicle."
• 19. "CMV was involved in a crash with a non-motorist."
• 20. "CMV was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane or skydiver or being struck by a deceased driver in another vehicle)."
• 21. "Any other crash involving a CMV where a video demonstrates the sequence of events of the crash."

The police accident report and supporting documents

A police accident report (PAR) is required. The FAQs say requests with no PAR are immediately closed as not eligible; the Submitter Guide explains how to save a draft until the PAR is uploaded or faxed. A saved draft is not a completed submission (FAQs questions 8–9; Submitter Guide pp. 9–16).

The submitter bears the burden of providing compelling evidence that the crash is eligible and not preventable. Supporting material named in the guides includes videos, pictures, insurance documents, court documents, affidavits and eyewitness evidence. FMCSA may request additional information, including records the carrier must maintain under its regulations (Submitter Guide p. 10; FAQs questions 8–9).

For a fatal crash, submit USDOT-based drug and alcohol test results, or the required documentation explaining why testing did not occur within the required timeframes. The Submitter Guide says missing test results or an explanation may result in an Undecided or Preventable determination (p. 10; FAQs questions 8–9).

DataQs has a 25 MB limit per file. The Submitter Guide directs larger files to Crash.Preventability@dot.gov with the request ID. The FAQs ask for only relevant video footage and appropriate supporting content, without unnecessarily graphic photos (Submitter Guide p. 10; FAQs question 8).

What the evidence must establish for each type

Match the evidence to the Eligibility Guide's conditions, not just the short type name. These are summaries of that guide, not additional document requirements invented for this site. The PAR remains required for every type.

• Types 1–3, rear and side impacts: establish the other vehicle's direction and the impact location. For a rear impact, the other vehicle was traveling behind the CMV. For a side-at-rear impact, it was operating behind the CMV and hit between the rear wheels and back corner. For the same-direction side type, it was traveling in the same direction and struck the side (pp. 2–5).
• Type 4, wrong direction: establish that the vehicle was completely in the wrong lane, rather than only partly across the center line. The guide includes reverse travel and multi-vehicle examples (pp. 6–8).
• Type 5, U-turn or illegal turn: for an illegal turn, the PAR or other evidence must document that the turn was not legally allowed. Making a legal turn improperly is listed as ineligible under this type (pp. 8–9).
• Type 6, parked or legally stopped: establish that the CMV was parked or stopped at a traffic control device, such as a stop sign, red light, yield, railroad crossing or school bus. Merely being stopped in traffic does not meet this type. The guide says illegal parking results in a Preventable determination (pp. 10–11).
• Types 7–8, failure to stop: for failure to stop or slow in traffic, heavy traffic must be documented by evidence such as the PAR or video; normal highway volumes do not qualify as traffic for this type. The other option is failure to stop at a traffic control device (pp. 12–13).
• Type 9, under the influence: provide evidence of a DUI/DWI arrest or charge based on a failed field sobriety or other test, or a refusal to test. The jurisdiction's legal standard applies. Open containers, contributing factors or officer opinion alone are not enough (p. 14).
• Types 10–12, medical issue, sleep or distraction: the guide's examples document the other driver's medical issue, falling asleep or distraction in the PAR. The medical issue must have contributed to the crash; a medical issue experienced by the CMV driver does not meet that type (pp. 15–16).
• Types 13–14, cargo, equipment, debris or infrastructure: establish the cargo/equipment impact, debris strike or infrastructure failure. The guide lists crashing while avoiding debris, a normal-sized pothole and a low-clearance bridge or tunnel as ineligible under these types (pp. 17–18).
• Type 15, animal: the CMV must have struck the animal. Crashing while trying to avoid an animal does not meet this type (p. 19).
• Type 16, suicide or attempt: the PAR or other documents must substantiate that the individual struck died by or attempted suicide (p. 19).
• Type 17, private driveway or parking lot: establish that the other vehicle was entering a public roadway from an uncontrolled private driveway or parking lot. A crash while the CMV was driving through a parking lot does not meet this type (pp. 20–21).
• Type 18, loss of control: the other driver's loss of control must be documented in the PAR narrative or code sheet. An impact alone does not supply that documentation (pp. 21–22).
• Type 19, non-motorist: establish that the person was in the roadway, outside a crosswalk or otherwise somewhere a non-motorist should not be, such as an interstate. The guide includes people on foot, mobility devices, horses, bicycles/electric cycles, skates, scooters and skateboards (p. 22).
• Type 20, rare or unusual: the crash type must seldom occur and must not meet another eligible type. The guide's examples exclude extreme weather such as a blizzard or water, snow or ice on the road (p. 23).
• Type 21, video: submit footage showing events before, during and after the crash, including the impact, with a date/time stamp matching the PAR. Sources can include a dash cam, third party, traffic camera or nearby security camera. Use this type only if no other type applies; otherwise submit under that type with the video as supporting evidence. FAQ question 21 says this type is reserved for footage clearly showing the crash was not preventable by the CMV driver (p. 24).

The carrier submits the request in DataQs

You file the request yourself in your own account. The Submitter Guide directs motor carriers to enter DataQs through FMCSA Portal; drivers and other public/industry users enter DataQs through Login.gov (p. 2). The following steps summarize the December 2024 guide.

• Choose "Start a New Request". Search for the existing crash record with the State and at least one additional search criterion, such as the USDOT or report number. The FMCSA crash report number is not the PAR number (pp. 3–5).
• Select the crash from the results. CPDP requests must be tied to a crash record in MCMIS, FMCSA's Motor Carrier Management Information System. If the State has not supplied that record, the FAQs allow saving the request until it exists. Continuing without selecting the report causes automatic closure (pp. 4–5; FAQs question 10).
• Select "Crash could not be prevented" and one eligible crash scenario. Confirm the selection and review the crash details (pp. 6–9).
• Explain the request, attach the PAR and supporting evidence, and choose "Police Accident Report (PAR)" as the PAR document type. Use Add File for each attachment. A PAR uploaded as an ordinary supporting document leaves the request as a draft until its type is corrected (pp. 10, 16).
• Review the details, certify and submit to FMCSA. Without a PAR, save a draft and follow the guide's later-upload or fax instructions; saving is not submitting (pp. 11–15).
• Use MyDataQs to monitor the request and provide any additional documents FMCSA requests (p. 17).

Follow-up time limits and closed requests

The Submitter Guide gives the requestor 14 days to answer a document request. The FAQs call a closure for documents not received within 14 days "CLOSED: NO REQUESTOR RESPONSE" (Submitter Guide p. 17; FAQs question 11).

If the selected type does not fit, FMCSA moves the crash to an eligible type if one exists. If none fits, it closes the RDR. The FAQs also identify crashes older than five years and use of the wrong crash report number as reasons for automatic closure (questions 3, 7, 12). Closure as ineligible is separate from a Preventable determination.

The Submitter Guide says FMCSA posts determinations to SMS within 60 days of the determination and Not Preventable determinations to PSP within 60 days. This is the publication period after a decision, not a promised time to decide a request (p. 18).

What a Not Preventable determination changes

If FMCSA determines a crash was Not Preventable through CPDP, it is excluded from the carrier's Crash Indicator BASIC calculation. It remains listed on the public SMS website in a separate table the FAQs call "Reviewed - Not Preventable Crashes". The determination is also noted on the driver's Pre-Employment Screening Program (PSP) record (program page; FAQs question 14; Submitter Guide pp. 18–20).

This is a change to calculation treatment and a notation. It does not erase the crash from SMS or the driver's PSP history.

Preventable, Undecided and reconsideration

For a Preventable determination, the FAQs say the public SMS display carries the notation "Reviewed - Preventable: FMCSA reviewed this crash and determined that is was Preventable." The crash is included in the Crash Indicator BASIC. Preventable crashes include those with evidence that the driver or carrier was legally prohibited from operating at the time (question 15).

When the submitted documentation does not allow a conclusive decision, the public SMS notation is "Reviewed - Undecided: FMCSA reviewed this crash and could not make a preventability determination based on the evidence provided." The crash is included in the Crash Indicator BASIC (FAQs question 16).

For a Preventable or Undecided determination, the carrier may reopen the RDR in DataQs and submit additional documentation to ask FMCSA to reconsider. Reopening without additional information results in the request being closed again without a change (FAQs question 18).

What CPDP does not decide

The FAQs say CPDP does not affect preventability determinations made during FMCSA safety investigations under 49 CFR part 385. CPDP determinations do not affect a carrier's safety rating or ability to operate. The agency issues no penalties or sanctions on their basis; they do not establish obligations or impose legal requirements, or change how the agency makes enforcement decisions (question 20).

This guide explains the cited program documents. It does not assess a particular crash or provide legal advice.