Preventability Determination

Preventability Determination

Preventability Determination

Carriers commonly conduct internal preventability reviews after crashes, and FMCSA operates a Crash Preventability Determination Program allowing carriers to request review of eligible crash types for removal from their safety measurement data.

Internal standards often follow National Safety Council criteria.

Alternative Names:

Preventable Crash Determination, Crash Preventability

Why it Matters?

Internal preventability determinations are discoverable and can be devastating, since a carrier's own finding that its driver could have avoided the crash is an admission by a party opponent. Carriers face a genuine tension: rigorous safety review improves operations but creates litigation exposure. Structuring reviews to focus on corrective action rather than fault conclusions, and understanding whether the jurisdiction protects self-critical analysis, are the available responses.

Frequently Confused with

Related terms

Frequently asked questions

Are internal preventability determinations discoverable?

Are internal preventability determinations discoverable?

Generally yes. Self-critical analysis privilege is recognized in only a minority of states, so a finding that a crash was preventable is typically produced.

What is the FMCSA preventability program?

What is the FMCSA preventability program?

A process allowing carriers to request review of eligible crash types so that non-preventable crashes are noted in the safety measurement system.