What Is a Brake Failure Accident Case?

Injured in a truck crash caused by brake failure? Faulty brakes and maintenance neglect cause devastating collisions. Our attorneys investigate and hold carriers and manufacturers accountable.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Truck Brake Failure Accidents: Preventable Catastrophes

Brake failure is one of the most terrifying and preventable causes of large truck crashes. When an 80,000-pound tractor-trailer loses its ability to stop, the results are almost always catastrophic. The FMCSA Large Truck Crash Causation Study found that brake problems were a factor in approximately 29% of truck crashes studied — making brakes the most frequently cited vehicle-related factor in large truck collisions.

At Roden Law, our brake failure accident lawyers investigate the mechanical, maintenance, and regulatory failures behind these crashes and pursue claims against trucking companies, maintenance providers, and brake manufacturers who put unsafe trucks on the road.

Federal Brake Standards for Commercial Trucks

The FMCSA and the National Highway Traffic Safety Administration (NHTSA) establish strict brake standards for commercial vehicles:

  • Brake performance standards: 49 CFR Part 393, Subpart C sets minimum braking performance requirements — a loaded truck at 60 mph must stop within 355 feet
  • Inspection requirements: Drivers must perform pre-trip brake inspections daily, and carriers must conduct periodic inspections at least annually (49 CFR Part 396)
  • Brake adjustment: Air brakes must be properly adjusted at all times — out-of-adjustment brakes are the single most common violation found in CVSA roadside inspections
  • Automatic slack adjusters: Required on all trucks manufactured after 1994 to maintain proper brake adjustment

Common Causes of Truck Brake Failure

Our investigations reveal several recurring causes of brake failure in commercial trucks:

  • Inadequate maintenance: Skipping or delaying brake inspections, failing to replace worn pads and shoes, and ignoring signs of brake deterioration
  • Out-of-adjustment brakes: When brake pushrod stroke exceeds the allowable limit, braking force is dramatically reduced. Studies show out-of-adjustment brakes can reduce braking effectiveness by 20% or more per axle
  • Brake fade: Excessive use on long downhill grades causes brake drums and rotors to overheat, reducing friction and stopping power
  • Air brake system leaks: Leaking air lines, fittings, or chambers reduce the air pressure needed to apply brakes
  • Defective brake components: Manufacturing defects in brake drums, shoes, chambers, or automatic slack adjusters
  • Overloading: Excess weight beyond the truck’s rated capacity puts extreme stress on the braking system

Liable Parties in Brake Failure Cases

Brake failure cases typically involve multiple responsible parties:

  • The motor carrier: Responsible for maintaining vehicles in safe operating condition and conducting required inspections
  • Third-party maintenance providers: Repair shops and mechanics who performed negligent brake work
  • Brake component manufacturers: Companies that produced defective brake parts under product liability theories
  • The truck driver: Who must conduct daily pre-trip inspections and report brake deficiencies

We obtain maintenance records, inspection reports, parts invoices, and CVSA inspection histories to prove that brake deficiencies were known or should have been discovered before the crash. Both Georgia and South Carolina recognize claims based on negligent maintenance, and punitive damages may apply when carriers deliberately ignore known safety defects.

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What to Do After A brake failure accident

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Brake Failure Accident Case

To win a personal injury case involving a brake failure accident, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Brake Failure Accident Cases

Victims of a brake failure accident injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Brake Failure Accident Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Brake Failure Accident Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Brake Failure Accident Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.