Who Is Liable for Truck Accidents Due to Brake Failure?
August 5, 2025 | By Colombo Law
There are many potential causes of truck accident brake failure. Brakes on a commercial truck may fail due to careless driving practices, improper maintenance procedures, defective brake components, and more. Determining why brake failure occurred is a crucial part of establishing the cause of an 18-wheeler accident, as well as identifying the parties responsible.
Colombo Law performs in-depth investigations on behalf of clients who have been injured in truck accidents in Columbus and other areas of Ohio. We know that brake failure is a leading cause of large truck collisions, and our team has the resources and relationships with expert witnesses to prepare a strong claim.
Multiple defendants may be held accountable for injuries due to truck accident brake failure. Call Colombo Law in Columbus at 614-362-7000 today. Your initial case review is FREE, and you pay nothing unless we secure a favorable result.
Can Brake Failure Cause an Accident?
Yes, brake failure can absolutely lead to a truck accident. Commercial trucks can weigh up to 80,000 pounds or more. Functional brakes are essential for slowing down and stopping such a heavy vehicle. If the brakes on a semi-truck don’t function properly or they fail, the driver may lose control and a serious accident may ensue.
Some of the most common types of truck accidents we see stemming from brake failure include:
- Rear-end collisions: Truck drivers who lose their brakes may collide with the back end of another vehicle. Both vehicles may be severely damaged, and the occupants of the vehicle in front are likely to suffer serious injuries.
- Intersection accidents: An out-of-control truck may barrel through an intersection, crashing into one or more vehicles in its path. Drivers in the intersection may be seriously injured as a result of head-on collisions or T-bone accidents.
- Jackknife accidents: Brake failure can cause the trailer to swing out to the side, potentially leading to a jackknife accident. Jackknife accidents are extremely dangerous for anyone in the vicinity. Data from the Federal Motor Carrier Safety Administration (FMCSA) shows that they often lead to injuries and even fatalities.
- Rollover accidents: Commercial drivers who are unable to brake may steer erratically or overcorrect. This can cause the truck to tip over and fall on its side. Smaller vehicles may be crushed if the big rig falls on top of them. Additional collisions may occur with cargo that spills out into the road.
When the brakes on a semi fail, there is no safe place for other drivers to be. Crashes may occur on a perfectly flat road, and they are even more likely when the truck driver is traveling on a steep grade.
Why Do Semi-Truck Brakes Fail?
Federal regulations require commercial motor vehicles to have several different braking systems. These include service brakes, parking brakes, and emergency brakes (49 CFR 393.40). A failure of any one of these systems can have dire consequences.
Potential reasons the brakes on a tractor-trailer may fail include:
- Overheating: The brakes on a truck may become overheated if they are used excessively or the driver slams on the brakes frequently. Heavy loads can exacerbate overheating, and potentially lead to complete brake failure.
- Brake imbalances: Uneven wear on the brake pads, malfunctioning calipers, and problems with air pressure in air brakes can cause an imbalance in braking. This increases the risk of a truck accident.
- Defective brakes: Faulty design or manufacturing can cause brakes to fail. Under Ohio’s product liability law, the manufacturers of defective brakes may be held liable for injuries and damages due to truck accident brake failure.
- Inadequate maintenance: Many instances of brake failure are attributable to improper maintenance. Poor maintenance can lead to a host of issues, including worn brake pads and shoes, brake drum misalignment, leaks in air brake lines, air brake contamination, etc. These often start as small problems, but they can cause brakes to fail if they are not addressed in a timely fashion.
- Suspension problems: Issues with the truck’s suspension negatively impact braking performance and cause weight to be distributed unevenly. This can cause wear and tear on the brakes and potentially lead to failure.
- Inadequate brake fluid or air pressure: Hydraulic brakes need brake fluid while air brake systems rely on compressed air for optimal performance. Insufficient brake fluid or air pressure can cause the brakes to underperform and, potentially, fail.
- Overloading the truck: An overloaded truck is harder to bring to a complete stop. It also places stress on the brakes and other systems. Both of these issues significantly increase the likelihood of an accident.
The victims of truck accidents may not know that brake failure was a factor. It is vital to consult a Columbus trucking accident lawyer who can thoroughly investigate, identify all of the contributing factors, and determine who is responsible.
How Many Truck Accidents Are Caused by Brake Failure?
According to the Large Truck Crash Causation Study conducted by the FMCSA and National Highway Traffic Safety Administration (NHTSA), driver error is the number-one coded reason for 87% crashes involving large trucks. However, truck accidents are uniquely complex and often involve multiple associated factors.
Data from the FMCSA and NHTSA shows that nearly 30% of tractor-trailer accidents also involve brake problems. It is the most commonly cited associated factor in the Large Truck Crash Causation Study, which demonstrates how pervasive brake failure is in the trucking industry.
Is Brake Failure the Driver’s Fault?
Truck drivers may be assigned liability for crashes due to brake failure. Commercial drivers must perform pre-trip inspections and ensure that the vehicle is in “safe operating condition” (49 CFR 396.13). They must also complete an inspection report at the end of each working day documenting any defects concerning critical parts, including the parking brake and service brakes (49 CFR 396.11).
Failure to inspect the truck prior to driving or report unsafe brakes to the carrier are both examples of truck driver negligence. If one or both of these errors lead to brake failure and an accident occurs, the driver of the truck would likely be found at fault.
During a multi-week enforcement campaign in Ohio last year, commercial drivers were slapped with more than 1,100 citations for violations such as faulty braking systems. Routes included in the crackdown (I-70, I-71, I-75, and I-80) saw commercial vehicle accidents decrease by more than 80%. This highlights the importance of enforcement in preventing truck accidents due to brake failure, as well as the danger posed by trucks with inadequate brakes.
Who Can Be Held Liable for Truck Accident Brake Failure?
Liability may extend to multiple parties when failed or defective brakes cause a truck crash. Common defendants in these claims include:
- Truck drivers: As mentioned above, commercial drivers may be liable for an accident if they fail to perform pre-trip inspections, ignore the signs of bad brakes, or drive in a way that compromises the braking systems.
- Motor carriers: Trucking companies may be sued if they fail to maintain their vehicles, ignore federal regulations on driver inspection reports, or overload their trucks.
- Shippers: Responsibility for overloading the truck or failing to secure the cargo may also lie with the shipper. Negligence in loading the truck can put excess weight on the brakes and potentially result in their failure.
- Brake manufacturers: Manufacturers may be liable for truck accidents if brakes are faulty due to design defects, manufacturing errors, or failure to provide adequate warning or instruction.
- Mechanics and maintenance companies: Third-party maintenance vendors may face liability if they fail to service a truck’s brake systems properly or make sub-standard repairs.
Skilled truck accident attorneys will hire expert witnesses to inspect the brakes and other components. Documentation from some or all of these defendants may show negligence leading up to the crash. Time is of the essence to assess fault and prepare a claim, as delays can lead to the loss of vital evidence.
Hurt by a Truck?™ Learn How Colombo Law Can Help
Truck accidents claims where brake failure was a factor involve numerous legal complexities. Multiple defendants may have played a role in causing the brakes to fail, making fault and liability determinations difficult. Insurance companies and trucking companies often try to capitalize on this confusion by offering to settle claims for less than they’re worth and disputing liability for the accident.
At Colombo Law, we make it our mission to obtain maximum compensation on your behalf. Our knowledge of the defense’s tactics make us formidable opponents in settlement negotiations, while our decades of trial experience enable us to represent you effectively in court.
If you or a family member has been harmed by truck accident brake failure, the Columbus truck accident lawyers at Colombo Law can help you pursue the compensation you deserve. Contact us today for a FREE case review. We serve clients throughout Ohio.
