Common Causes of Truck Brake Failure
Air Brake System Failures: Commercial trucks use air brakes that can fail due to air leaks, moisture contamination, worn components, or improper adjustment.
Brake Fade: Excessive use, especially on long descents, can overheat brakes to the point they lose effectiveness. Proper technique and equipment prevent this.
Lack of Maintenance: Worn brake pads, damaged rotors, corroded lines, and air system problems all result from inadequate maintenance.
Automatic Brake Adjuster Failures: These devices maintain proper brake adjustment but can malfunction, leading to out-of-adjustment brakes.
Manufacturer Defects: Design flaws or manufacturing defects in brake components can cause unexpected failures.
Overloaded Trucks: Exceeding weight limits puts additional stress on braking systems not designed for such loads.
Brake Fade: Excessive use, especially on long descents, can overheat brakes to the point they lose effectiveness. Proper technique and equipment prevent this.
Lack of Maintenance: Worn brake pads, damaged rotors, corroded lines, and air system problems all result from inadequate maintenance.
Automatic Brake Adjuster Failures: These devices maintain proper brake adjustment but can malfunction, leading to out-of-adjustment brakes.
Manufacturer Defects: Design flaws or manufacturing defects in brake components can cause unexpected failures.
Overloaded Trucks: Exceeding weight limits puts additional stress on braking systems not designed for such loads.
Federal Brake Maintenance Requirements
FMCSA regulations impose strict brake maintenance requirements:
• Pre-trip inspections: Drivers must check brakes before each trip
• Periodic inspections: Annual inspections by qualified mechanics
• Brake adjustment: Must be maintained within specifications
• Air system: Must maintain proper pressure and be free of leaks
• Documentation: All inspections and repairs must be recorded
Violation of these regulations establishes negligence per se. Maintenance records, inspection reports, and driver logs can prove whether proper brake care was provided.
Out-of-service violations for brake problems are among the most common citations during roadside inspections, indicating widespread industry compliance issues.
• Pre-trip inspections: Drivers must check brakes before each trip
• Periodic inspections: Annual inspections by qualified mechanics
• Brake adjustment: Must be maintained within specifications
• Air system: Must maintain proper pressure and be free of leaks
• Documentation: All inspections and repairs must be recorded
Violation of these regulations establishes negligence per se. Maintenance records, inspection reports, and driver logs can prove whether proper brake care was provided.
Out-of-service violations for brake problems are among the most common citations during roadside inspections, indicating widespread industry compliance issues.
Multiple Parties May Be Liable
Brake failure cases often involve multiple liable parties:
Truck Driver: For failing to conduct proper pre-trip inspections or continuing to drive with known brake problems.
Trucking Company: For inadequate maintenance policies, failure to respond to reported problems, or pressure to keep defective trucks on the road.
Maintenance Company: If a third party performed maintenance negligently or failed to identify problems during inspections.
Brake Manufacturer: For defective brake components that fail prematurely or don't meet safety specifications.
Cargo Company: If overloading contributed to brake failure.
Truck Driver: For failing to conduct proper pre-trip inspections or continuing to drive with known brake problems.
Trucking Company: For inadequate maintenance policies, failure to respond to reported problems, or pressure to keep defective trucks on the road.
Maintenance Company: If a third party performed maintenance negligently or failed to identify problems during inspections.
Brake Manufacturer: For defective brake components that fail prematurely or don't meet safety specifications.
Cargo Company: If overloading contributed to brake failure.
Proving Brake Failure Negligence
Building a brake failure case requires gathering comprehensive evidence:
• Post-accident inspection of the truck's braking system
• Maintenance records showing service history
• Pre-trip inspection logs
• Driver reports of prior brake problems
• Company policies regarding maintenance and inspections
• Expert analysis of failed components
• FMCSA inspection history and violations
Trucking companies may attempt to repair or destroy evidence after an accident. Immediate legal action to preserve the truck and its components is essential for these cases.
• Post-accident inspection of the truck's braking system
• Maintenance records showing service history
• Pre-trip inspection logs
• Driver reports of prior brake problems
• Company policies regarding maintenance and inspections
• Expert analysis of failed components
• FMCSA inspection history and violations
Trucking companies may attempt to repair or destroy evidence after an accident. Immediate legal action to preserve the truck and its components is essential for these cases.