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Why truck brakes fail
Air brakes on big rigs need regular adjustment and inspection. Worn pads, brakes out of adjustment, air leaks and damaged hoses reduce stopping power. On long downhill grades, a driver who rides the brakes can overheat them until they fade. Extra weight makes all of this worse, as explained in overloaded truck crashes.
Sometimes the driver blames the brakes when the real problem was speed or following too closely. California drivers must not follow more closely than is reasonable for the speed, traffic and road (Vehicle Code 21703). The truck’s data and a post-crash inspection help separate a true brake failure from a late reaction.
Records that prove a brake problem
Maintenance logs, repair invoices, inspection reports and the driver’s pre-trip inspection notes show whether known brake problems were fixed. The FMCSA publishes each carrier’s inspection and out-of-service data (FMCSA SAFER), and brake violations often show up there. Read how to look up a trucking company’s safety record to check a carrier yourself.
Engine and braking data can show when the brakes were applied and how the truck slowed. Dashcam video adds to that picture. See truck black box and dashcam evidence. The truck itself should be inspected by an independent engineer before it is repaired, so a written request to preserve it should go out early.
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Testing and shared fault
After certain crashes, federal rules require the carrier to test the driver for alcohol and drugs, including after any fatal crash and after crashes where the driver is cited and someone is treated away from the scene or a vehicle is disabled and towed away (49 C.F.R. 382.303). Those results can matter even in a brake case, because they affect how the driver reacted.
If more than one party contributed, such as a shop that did a poor brake job and a carrier that ignored warnings, fault can be divided among them. A brake failure that caused a rear-end crash is covered in what to do after being rear-ended by a semi. Jackknifes from brake lockup are covered in what causes a truck to jackknife.
What to do now
Get medical care and keep every appointment. Photograph the truck, its wheels, any smoke or burning smell you noticed, skid marks and the USDOT number. Write down whether the truck was coming down a hill. Get witness names and numbers, the police report number and every claim number. Ask witnesses whether they heard the driver say anything about the brakes.
Do not sign a release or give a recorded statement to the trucking insurer before talking to a lawyer. Keep receipts for medical care, repairs and missed work. The general deadline to file an injury lawsuit in California is two years (Code of Civil Procedure 335.1). In Washington it is generally three years (RCW 4.16.080).
How Beverly Law can help
We ask the carrier to keep the truck as it is for inspection, request the maintenance, repair and inspection records, and bring in an independent engineer to look at the brakes. Federal rules require carriers to keep drivers’ duty status records for six months (49 C.F.R. 395.8), so we request those early too.
You owe no fees or costs unless we win. Learn more on our California truck accident lawyer page. The first conversation is free, and our team speaks Spanish. We explain each step in plain language and keep you updated, and you can call with questions at any point. Call (310) 552-6959 or use the form on this page.
Common questions
Who is liable when a semi truck’s brakes fail?
Often the trucking company, which is expected to inspect and maintain its brakes. The driver, a repair shop or a parts maker may share fault depending on the cause. An inspection of the truck and its records usually shows why the brakes failed.
Can the driver blame brake failure to avoid fault?
Drivers sometimes do. The truck’s data, a post-crash inspection and witness accounts can show whether the brakes truly failed or the driver reacted too late. Even a real brake failure usually points back to maintenance, which the carrier is responsible for.
How do I find out if the truck had brake violations?
Look up the carrier’s USDOT number on the FMCSA SAFER Company Snapshot, which shows inspection and out-of-service data. Your lawyer can also request the truck’s own maintenance and inspection records, which go into more detail.
Should the truck be inspected before it is repaired?
Yes. Once the brakes are repaired or parts are replaced, the evidence may be gone. A lawyer can send a written request asking the carrier to keep the truck as it is so an independent engineer can inspect it.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
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Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.