Jones Contractors Protects Safety Scores

Fleet Profile

Jones Contractors has been in business since August 2006. They are headquartered in Henderson, Tennessee, but are expanding with extensive operations in North Dakota and Texas. They provide a wide range of pipeline services for the pipeline industry. Services include new mainline construction, pipeline fabrication, general pipeline maintenance, and erosion control. They are a private carrier and have almost 170 power units and approximately 270 drivers.

Fleetworthy Solutions has been in business with Jones Contractors since 2020, providing them with DOT regulatory compliance consulting services.

“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 at Jones Contractors

What Was Needed?

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 through its national data correction system known as DataQs. For a submission to be considered: The RDR must include a police accident report, 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.

What Was the 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.

What Was the Outcome?

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.

FAQs

How do I get an FMCSA crash ruled “Not Preventable” through DataQs?

Verify the crash meets FMCSA’s eligible crash types and occurred on or after August 1, 2019, and include a police accident report. Compile thorough supporting materials (e.g., video, photos, test results, affidavits) and submit a Request for Data Review (RDR) in the DataQs system. Many carriers work with a DOT compliance consultant to ensure the package is complete and clearly presented.

What documents do I need to include when submitting a DataQs Request for Data Review for crash preventability?

A police accident report is required. Helpful supporting materials include video footage, photos, drug and alcohol test results, insurance claim information, hearing transcripts, and affidavits. A thorough, well-organized package increases clarity and can speed the review.

Will a “Not Preventable” crash still impact my SMS Crash Indicator percentile?

No. FMCSA “Not Preventable” crashes are excluded from the Safety Management System (SMS) Crash Indicator measure and percentile. The crash will still appear in SMS, but it’s listed separately from those used in the calculation.

What does FMCSA mean by a crash being “Not Preventable”?

FMCSA defines “Not Preventable” as a crash that a driver, exercising ordinary judgment and foresight, could not have foreseen or avoided by taking steps within their control. In short, the event was outside the driver’s reasonable ability to prevent.

What steps should a carrier take to file a Request for Data Review (RDR) after being rear-ended at a stop that resulted in a fatality?

Confirm the crash meets FMCSA’s eligible crash types and occurred on or after August 1, 2019, and include the police accident report. Gather strong supporting evidence (e.g., video, photos, test results, affidavits) and submit an RDR via DataQs. Consider using a DOT compliance consultant to prepare a complete submission, especially if legal action is anticipated.

Can you share a real-world example where a carrier used DataQs to get a crash marked not preventable and protect its SMS score?

Jones Contractors partnered with Fleetworthy Solutions after a rear-end collision that resulted in a fatality. Fleetworthy compiled a comprehensive RDR with evidence and submitted it through DataQs under FMCSA’s program. FMCSA ruled the crash “Not Preventable,” so it did not impact the fleet’s SMS Crash Indicator percentile.

How can a DOT compliance consultant assist with compiling and submitting a crash preventability review?

A consultant can assess the collision, identify required and helpful documents, and assemble a clear, complete RDR package. They manage the DataQs submission and streamline the process, which can save significant time and support a favorable outcome. Their expertise is especially valuable when potential litigation is involved.

Which crashes are eligible for FMCSA’s Crash Preventability review, and what are the date restrictions?

The crash must fall within FMCSA’s eligible crash types and include a police accident report. It also must have occurred on or after August 1, 2019. Carriers submit the case through the DataQs system for FMCSA review.

After a not preventable determination, does the crash still appear in the public SMS listing?

Yes. The crash remains listed in SMS but is separated from crashes used to calculate the Crash Indicator measure and percentile. This labeling provides needed context for the carrier’s safety record.

How did Fleetworthy support Jones Contractors in achieving a not preventable ruling, and what benefits did it provide?

Fleetworthy’s DOT Regulatory Compliance Consultant gathered key evidence, conducted a thorough assessment, and submitted a complete RDR through DataQs. FMCSA ruled the crash “Not Preventable,” which kept it out of the SMS Crash Indicator calculation. Jones Contractors reported significant time savings, a stronger position for any related claims, and a clearer reflection of their safety profile.