How Fleets Can Easily Remove Crash Preventability Off CSA Scores

CNS can help with our Roadside & Incident Report Management service where a team of DOT Compliance Specialists will assess the Department of Transportation safety records by gathering police reports for all recorded accidents and evaluating their preventability.

Is there a crash you believe was non-preventable affecting your CSA score? Can you prove it?

FMCSA has allowed motor carriers to submit crashes for review into the DataQ system since August 2017 to determine whether the crashes were preventable or non-preventable.

The program had its faults as only those that fit in the eligible crash boxes would be considered for removal. Carriers could have clear evidence that a crash they had was not preventable, but if it didn’t meet the 16 eligible crash types, then it could not be removed.

Now, it has been a year since FMCSA expanded the program, adding 4 new types of crashes and other changes, which has led to more opportunities for fleets to prove a crash was preventable.

But have you tried walking through this process and found it complicated and time consuming?

There is a better way.

Why fleets should fight crash preventability.

Outside of normal trucking expenses are the unplanned costs, which include: accidents, maintenance issues, costs of litigation, and roadside violations.

The average settlement amount for a truck accident is $73,109.92, which includes cases involving tractor trailers or other heavy/commercial trucks. The average settlement for a rear-end truck accident is estimated to be between $150,000 and $200,000, with 12% of verdicts in these cases over $1 million.

Beyond the cost of litigation and claims are the secondary costs and issues, which include:

• Increased insurance premiums
• Increased CSA scores
• Brokers being hesitant to work with unsafe fleets or at a higher cost
• Brokers only working with you at a much higher cost
• and more

When it comes to CSA scores, the Crash indicator BASIC faces challenges because all reportable crashes over the last 24 months are listed in FMCSA’s Safety Measurement System (SMS).

Specifically, crashes are automatically added as Preventable by default and requiring the motor carrier to submit into the Crash Preventability Determination Program (CPDP) for Non-Preventable determinations.

This is an issue because a high Crash Indicator percentile suggests that a further examination of crash cause(s) may be needed, and if correctable, the motor carrier should make changes to address the problem(s). Carriers cannot be above a 1.5 crash/million miles in the last 12 months.

To prevent future audits, carriers should be fighting Preventable determinations as moving them to Non-Preventable takes them away from your Crash Rate.

So, how do carrier do this?

How fleets can fight crash preventability determinations.

Fault and preventability are two terms motor carriers often confuse.

• Fault determination is typically based on applicable motor vehicle laws and the actions of both drivers. Evidence will be collected and witness statements are taken so that fault can be determined, either by law enforcement or in a legal proceeding.
• Preventability, on the other hand, is a collision in which the driver failed to do everything reasonable to avoid it.

So, even if a truck driver is not cited for being at fault for an accident, the motor carrier could still deem the collision preventable.

It is critical for fleets to document all vehicle collisions by maintaining an accident register and accident files and then conduct root cause analyses of all vehicle collisions to determine preventability. Then you can submit a DataQ submission.

However, even with clear evidence, fixing errors in the system can be difficult and time consuming when a filing gets rejected.

That whole time, which can take months, the violation is in the CSA score system and damaging your CSA score, insurance rates, and ability to do business.

This is where Roadside and Incident Report Management (RSIM) comes in.

Common issues when organizing roadside and incident reports.

If you notice incorrect information in your PSP report or the CSA Safety Measurement System (SMS), the DataQ process is there to help companies and drivers fight and remove these records that could be keeping your scores or insurance rates high.

And there are a lot of these DataQ submissions!

In 2019, FMCSA data shows that nearly half of the 54,000 DataQs were filed for inspections/crashes assigned to the wrong carrier or driver (for example, duplicate records in the system).

However, for crash-related information, only 43% of driver challenges were overturned while carrier service providers, like CNS, have nearly a 60% success rate.

The other issue is that obtaining Police Reports is a tedious process.

• First, you have to find the responsible police department which has jurisdiction and is responsible for reporting.
• Then, depending on the police department, you may need to contact several people or sub-departments to find out who deals with releasing reports.
• Then, you have to navigate the various policies on releasing reports.
  • Sometimes email communication is not enough or there may not be an option for email communication.
  • You might have to fill out an online form, or might need to make a phone inquiry first, or might have to send in a request letter by regular mail.
  • For some departments, you might have to pay certain costs related to processing such a request by sending a money order first.
  • Sometimes it is unclear what the costs are because they depend on the number of copies. Then, you may have to liaise with the police department to learn about the costs, and make the payment, before the request can be made.

Let CNS help you out with our Roadside & Incident Report Management service where a team of DOT Compliance Specialists will assess the Department of Transportation safety records by gathering police reports for all recorded accidents and evaluating their preventability.

What are the RSIM steps?

The three steps of our RSIM service include: Accident Data Retrieval, Accident Review & Crash Preventability Determination, and DataQ Submission for Crash Preventability.

Step 1: Accident Data Retrieval

First, we will need to gather all of the data associated with any accidents that your drivers have been involved in, organize those documents and safely store them in our cloud-based portal.

This includes:

• Obtain police reports
• Track report progress
• Upload reports to portal
• Fulfill jurisdictional requests
• Categorize and file all

Step 2: Accident Review & Crash Preventability Determination

Next, we will review all of the data and determine what is eligible for a DataQ Submission.

This includes:

• Review and qualift accidents
• Compile and track all pertinent information
• Determine if accidents were preventable
• Determine eligibility

Step 3: DataQ Submission for Crash Preventability

Last, we will organize and prepare everything necessary for your DataQ Submission which requires written explanations, proof of crash determinations, etc.

This includes:

• Prepare qualified incidents for submission
• Submit proof of crash determination
• Submit required written explanation
• Document all files submitted and track DataQ

Whether you would like our DOT Specialists to challenge one DataQ or conduct a monthly analysis of all roadside violations to potentially challenge, we have a cost-effective solution for your company.

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