In an effort to reduce truck accidents and protect those sharing the road with large commercial vehicles, the Federal Motor Carrier Safety Administration (FMCSA) recently announced plans to advance proposed changes to its Crash Preventability Determination Program (CPDP), according to FreightWaves. These changes seek to improve accountability within the trucking industry by addressing preventable crashes, an essential step in ensuring trucking companies and drivers take responsibility for maintaining safe practices on the road.
What is the Crash Preventability Determination Program (CPDP)?
The FMCSA's Crash Preventability Determination Program (CPDP), established in May 2020, requires the federal agency to review 21 specific types of commercial motor vehicle (CMV) accidents, as detailed on the FMCSA's website.
Through the CPDP, commercial truck drivers and trucking companies can request a detailed review of certain accidents to determine preventability. These reviews are often initiated when a commercial truck driver has been deemed at fault for a collision.
The 21 types of CMV accidents eligible for review include scenarios such as:
- Another vehicle striking a commercial motor vehicle (CMV) in the rear.
- A CMV being hit by a vehicle making a U-turn.
- A CMV being struck by a driver who failed to stop at a traffic light.
Of course, the CPDP's findings can significantly impact crash victims and questions of liability. For victims, a determination of preventability might strengthen their case by establishing the trucking company's or driver's negligence in causing the crash. However, it can also complicate matters if the review shifts blame or downplays the truck driver's responsibility.
That's why it's so important to have an experienced truck accident lawyer who understands how the CPDP process works and how its findings can influence your case. A knowledgeable attorney can gather additional evidence, challenge questionable determinations, and ensure that the trucking company and its driver are held accountable for their actions.
What changes are being made to the CPDP?
Last year, the FMCSA proposed updates to the Crash Preventability Determination Program, including modifications to existing review categories and the addition of four new categories of commercial truck accidents eligible for review.
These proposed changes have now been approved and will soon take effect. Additionally, the FMCSA has expanded the eligibility window for reviewing commercial motor vehicle (CMV) accidents. Under the updated program, accidents that occurred within the past five years and prior to December 1 of this year can now be reviewed, according to the FMCSA's website.
How will these changes help prevent truck accidents?
The updated CPDP assessment program will enable the FMCSA to collect more accurate and comprehensive data on crashes involving tractor-trailers, tanker trucks, and other large commercial vehicles.
This enhanced data collection plays a crucial role in accident prevention. By analyzing trends and identifying patterns—such as specific types of trucks frequently involved in similar crashes—the FMCSA and other government agencies can develop targeted safety measures. These might include implementing new regulations, proposing rule changes, or introducing stricter requirements for truck drivers and certain types of commercial vehicles. The ultimate goal is to address root causes and reduce the likelihood of future accidents.
What role does the FMCSA play in truck accidents?
The Federal Motor Carrier Safety Administration plays a vital role in regulating the commercial motor vehicle (CMV) industry, overseeing both the vehicles and the drivers who hold a commercial driver's license (CDL) to operate them.
While the FMCSA does not directly investigate commercial truck accidents—that responsibility falls to the National Transportation Safety Board (NTSB) and various state or local law enforcement agencies—it enforces federal regulations that govern truck drivers and their vehicles. These regulations are designed to enhance safety and reduce the risk of accidents.
Key FMCSA rules, such as those outlined in Title 49 of the Code of Federal Regulations, establish critical safety standards. For example, Title 49, Part 395 limits the number of hours truck drivers can operate their vehicles before taking mandatory rest breaks.
Violations of FMCSA regulations, such as hours-of-service rules or maintenance requirements, can serve as evidence of negligence in a claim against a truck driver or trucking company. These regulations set clear safety standards, and when they are ignored, the consequences can be devastating.
A thorough investigation of the accident often involves reviewing FMCSA compliance records, which can strengthen a victim's case and help secure compensation for medical expenses, lost income, and other damages. Working with an experienced truck accident lawyer ensures these critical details are uncovered and leveraged to hold negligent parties accountable.
Protect your rights after a truck accident
Truck accidents often leave victims facing devastating injuries, mounting medical bills, and an uphill battle for justice. The FMCSA's regulations and programs, like the CPDP, can play a significant role in determining liability, but navigating these complexities requires experience and skill. Trucking companies and their insurers often rely on these findings to dispute claims or shift blame, making it even more critical for victims to have strong legal representation.
At Weinstein Law, we understand the challenges victims face after a truck accident in East Texas. We know how to investigate FMCSA compliance, uncover evidence of negligence, and build a strong case for maximum compensation.
Don't let trucking companies avoid accountability. Contact Weinstein Law in Athens, TX, for a free consultation and see how a dedicated Texas truck accident attorney can make a difference in your case.
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