Challenge
Jones Contractors sought out the assistance of Fleetworthy’s DOT Regulatory Compliance Consultant in preparing all required information and submitting a request with the FMCSA to review a collision that resulted in a fatality. One of the drivers for Jones Contractors was struck from behind at a stop and the other driver lost their life.
The FMCSA’s Crash Preventability Demonstration Program allows motor carriers to submit a Request for Data Review (RDR) through its national data correction system known as DataQs. For a submission to be considered: The RDR must include a police accident report (PAR), the crash must meet one of the eligible crash types outlined by the FMCSA, and the crash must have occurred on or after August 1, 2019.
Solution
The Fleetworthy Compliance Consultant gathered all necessary materials to support the client’s case and conducted a thorough assessment of the collision and any relevant information pertaining to it. Some of the helpful materials included video footage, photos, police accident reports, drug and alcohol tests, insurance claim information, hearing transcripts, and affidavits.
On behalf of Jones Contractors, our Compliance Consultant then submitted a Request for Data Review through DataQs. This is an essential function of a motor carrier, especially if legal action is anticipated due to a collision. A determination by the FMCSA that a particular accident was “not preventable” can go a long way towards defending a claim against the carrier and/or driver. A broader implication is that the ability to request and receive preventability determinations will create a more balanced and fair Crash Indicator scoring process for all motor carriers and provide much-needed context to a carrier’s safety record.
Results
In response to the Request for Data Review, the FMCSA determined that this accident was “Not Preventable”, defined as “If a driver, who exercises ordinary judgment and foresight, could not have foreseen the possibility of the accident that occurred and could not have avoided it by taking steps within his/her control.”
As a result, this crash which was given a “Not Preventable” determination will not be included in the Safety Management System (SMS) Crash Indicator measure or percentile. The crash will continue to be just listed in the SMS, but separate from those crashes included in the calculation. Without an indication of preventability, the listing of crashes on the FMCSA’s SMS public website can give a mistaken impression about the risk posed by a company.
Jones Contractors was grateful for the expertise and hard work of our Compliance Consultant, which resulted in a successful determination outcome that will reflect the true safety profile of their fleet.
How has Fleetworthy impacted your business?
“Fleetworthy’s DOT Regulatory Compliance Consultant was a wealth of information to us. As an expert in DOT compliance, they were extremely knowledgeable and quickly pulled together the necessary documentation to streamline the FMCSA’s Request for Data Review process for us, which provided a successful outcome and huge time savings to our organization.”
Randal L. Mills, Senior Director of HSE & Risk Management, Jones Contractors
