When a commercial truck driver reports brake failure after a crash, investigators do not simply take that explanation at face value. They may examine the truck’s braking system, maintenance and inspection records, electronic data, and other evidence to determine whether the brakes actually failed, why they failed, and whether the problem should have been discovered earlier.
Those questions could be important after a recent Cincinnati crash in which a semi-truck went through a concrete barrier and was left dangling over an I-71 overpass. According to Local 12, the driver told investigators that he had been experiencing brake problems. A man and woman were rescued from the cab and taken to the hospital.
The driver’s account raises an obvious question: What caused the brakes to fail?
That answer may require investigators to look beyond what happened in the seconds before the crash. If you were injured in a commercial truck crash and questions remain about what caused it, Young, Reverman & Bolotin can investigate who may be responsible. Call (513) 400-0000 for a free consultation.
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Key Takeaways
- Investigators may inspect individual brake components and review maintenance, repair, and inspection records to determine whether a mechanical problem existed before the collision.
- Federal regulations require motor carriers to systematically inspect, repair, and maintain commercial vehicles so that parts and accessories remain in safe operating condition.
- Depending on the evidence, responsibility for a brake-related crash may extend beyond the truck driver to a motor carrier, maintenance provider, manufacturer, or another party.
- Preserving the truck and its records can be critical when determining why a commercial vehicle failed to stop.
Cincinnati Semi Crash Raises Questions About Reported Brake Failure
Local 12 reported that police and firefighters responded to the Martin Luther King Drive overpass at approximately 5 p.m. The semi’s cab had gone through a concrete barrier and was hanging over the edge. The trailer was empty, but ruptured fuel tanks reportedly spilled approximately 200 gallons of diesel fuel.
According to the report, the driver said he was having brake problems while traveling on I-71, exited at MLK, and then experienced brake failure.
That does not establish why the brakes failed, or whether a mechanical defect was the only factor involved. Those are questions an investigation must answer.
How Do Investigators Examine Suspected Truck Brake Failure?
A commercial truck’s braking system has numerous components that can affect its ability to slow or stop.
Investigators or experts may look for worn, damaged, improperly adjusted, leaking, disconnected, or otherwise defective components. They can also consider whether crash damage itself affected the condition of the brakes.
The Commercial Vehicle Safety Alliance explains that a performance-based brake tester can measure braking force at individual wheels and calculate the vehicle’s overall braking efficiency.
Maintenance Records Can Help Explain What Happened Before the Crash
Federal Motor Carrier Safety Administration regulations require motor carriers to systematically inspect, repair, and maintain vehicles under their control. FMCSA also requires carriers to ensure that employees responsible for brake inspection and maintenance meet applicable qualification requirements.
Investigators may examine maintenance records, prior inspection reports, repair invoices, driver-reported defects, and records showing when brake work was performed and by whom.
Those records can help answer questions such as:
- Had anyone reported brake trouble before the crash?
- Was required maintenance performed?
- Was a known defect repaired?
- Were the brakes inspected by someone qualified?
- Did a recently installed or repaired component fail?
The answers can change the direction of a truck accident case.
Brake Failure Does Not Automatically Mean the Driver Was at Fault
When a semi fails to stop, attention naturally turns to the person behind the wheel. But mechanical-failure cases can involve decisions made long before the driver encounters an emergency.
The NTSB has documented crashes in which inadequate truck maintenance contributed to loss of braking control. In one investigation, the agency concluded that improper maintenance, a fractured drain valve, and an inoperative low-air-pressure warning switch resulted in a truck driver losing braking control.
Depending on the evidence, questions may arise about the motor carrier responsible for maintaining the truck, a company hired to perform repairs, or a manufacturer if a defective component contributed to the failure.
The driver’s actions can still matter. Investigators may consider whether warning signs appeared before the crash, whether the driver reported them, and what the driver did after recognizing a problem.
The goal is not to assume who was responsible. It is to follow the evidence back to the failure.
Why Preserving Evidence Matters After a Commercial Truck Crash
A damaged truck can contain some of the most important evidence in the case.
Once components are repaired, removed, discarded, or altered, determining their pre-crash condition can become more difficult. Maintenance documents, inspection records, electronic information, photographs, and other records can also help reconstruct what happened.
Commercial truck crashes can require a different investigation than ordinary car accidents. Sometimes the important question is, why was this truck unable to stop?
At Young, Reverman & Bolotin, our truck accident attorneys investigate what happened and look beyond the crash scene to determine what may have caused it. If you were injured in a commercial truck accident in Ohio, Kentucky, or Indiana, call (513) 400-0000 for a free consultation.
FAQs About Brake Failure in Commercial Truck Accidents
Who can be responsible when a semi-truck’s brakes fail?
It depends on what caused the failure. Responsible parties may include the driver, motor carrier, truck owner, maintenance or repair provider, or a manufacturer. More than one party may share responsibility depending on the evidence.
Can poor maintenance cause truck brake failure?
Yes. Poor adjustment, worn or damaged components, air-system problems, and other maintenance issues can affect braking performance. FMCSA regulations require motor carriers to keep commercial vehicles properly inspected, repaired, and maintained.
How can investigators tell whether the brakes failed before the crash?
Investigators may examine the physical braking system, maintenance and inspection records, previous defect reports, repair history, electronic information, photographs, witness accounts, and other evidence. No single piece of evidence necessarily tells the entire story.
