How Is Fault Determined When a Truck’s Brakes Fail?

Truck brake failure accidents can lead to devastating consequences, leaving victims with serious injuries, mounting medical bills, and emotional turmoil. In Arkansas, where large commercial trucks regularly travel busy highways and rural roads, these accidents are far too common. Determining who is at fault is a critical step in filing a claim for damages and holding the responsible parties accountable. 

Fault isn’t always obvious in these cases. Multiple parties could be responsible, from the trucking company to the manufacturer of the brake system. Without the right guidance, it’s easy to feel lost or unsure of where to start. If you’ve been injured in a truck accident caused by brake failure, our skilled Arkansas truck accident attorney at Gates Law Firm PLLC can help you sort through the details, gather evidence, and fight for the recovery you deserve. Your focus should be on healing, while we handle the legal work to make sure those at fault are held responsible. Contact us today at (501) 779-8091 for a free consultation.

Common Causes of Truck Brake Failure

When a truck’s brakes fail, it’s rarely a random incident. Brake failure usually results from preventable problems that point to someone’s negligence. Distinguishing the root cause of the failure can help identify which party is the reason for the brake failure and, consequently, the accident. Some of the most common issues that result in brake failure include the following:

Mechanical Defects and Worn-Out Components

Sometimes, the issue lies in the parts themselves. Truck brakes are complex systems with multiple components, and if even one part is defective, the entire system can fail.

• Faulty manufacturing or design flaws in brake systems can cause them to malfunction.
• Key parts like brake pads, rotors, or calipers wear down over time. If they aren’t replaced as needed, they lose their ability to stop the truck effectively.
• Air brake systems, commonly used in trucks, rely on compressed air to function. If there’s a leak or a fault in the air compressor, braking power can be significantly reduced.

If you’re dealing with a truck accident caused by faulty brakes, it’s important to examine the components closely. Manufacturers, distributors, or repair shops could potentially be held responsible for installing or supplying defective parts.

Neglected Maintenance and Missing Inspection Records

Truck brakes require regular inspections and maintenance to perform correctly. When these steps are skipped, the risk of failure increases dramatically. Under Arkansas Code § 27‑32‑101, drivers can be stopped and ordered to fix unsafe vehicles.

In Arkansas, trucking companies and drivers are required to follow federal and state inspection rules. These rules include ensuring that the brakes are in proper working order before hitting the road. Ignoring these rules isn’t just careless, it’s illegal.

• Skipping routine brake checks or delaying repairs can lead to catastrophic failures.
• Missing or incomplete inspection records often signal that corners were cut.
• Maintenance issues, such as failing to replace worn-out brake pads or ignoring fluid leaks, create dangerous conditions.

If inspection records are missing or incomplete, it’s a red flag that negligence may have played a role in the accident. These records can be crucial in determining fault and holding the right party accountable.

Improper Loading, Environmental Strain, and Driver Misuse

Even if the brakes are in good shape, how the truck is loaded and driven can still lead to failure. Trucks are designed to handle specific weight limits. When those limits are exceeded, the brakes have to work harder, which can cause them to overheat or wear down prematurely.

• Overloaded trucks put extra strain on braking systems, reducing their effectiveness.
• Environmental factors, like driving in mountainous areas or during extreme heat, can cause brakes to overheat or fade.
• Drivers who misuse brakes, such as “riding” them downhill or failing to use engine braking, can wear them out faster than expected.

In many cases, driver training or the lack of it plays a role here. If a driver isn’t properly trained on how to handle heavy loads or challenging road conditions, their actions can contribute to brake failure.

When you’re dealing with the aftermath of a truck accident involving brake failure, identifying the root cause is key. Whether it’s mechanical issues, poor maintenance, or driver-related factors, each of these can point to different parties who may share responsibility for what happened.

Joseph Gates – Arkansas Truck Accident Lawyer

Legal Standards and Arkansas-Specific Rules

When it comes to truck brake failure accidents in Arkansas, the law focuses on holding the right parties accountable. There are specific legal standards and rules at play, and knowing how they apply can make a big difference in your case. 

Negligence vs. Strict Product Liability

Two main legal concepts often come up in truck brake failure cases: negligence and strict product liability.

• Negligence focuses on whether someone failed to act responsibly. For example, did the trucking company skip critical brake maintenance? Did the driver ignore signs of brake trouble? If someone’s carelessness caused the brakes to fail, they could be held responsible under negligence laws.
• Strict product liability applies when defective parts, like faulty brakes, cause an accident. In these cases, you don’t have to prove negligence, only that the brakes were defective when they left the manufacturer and that the defect caused the crash.

Arkansas law allows you to pursue either type of claim, depending on the cause of the brake 

failure.

State-Specific Truck Accident Laws and Precedents

Arkansas has its own set of laws and legal precedents that can affect your case. For example, Arkansas follows a modified comparative fault rule. This means if you’re found partially at fault for the accident, your compensation could be reduced by the percentage of fault assigned to you. However, if you’re 50% or more at fault, you won’t be able to recover damages.

The state also imposes time limits, or statutes of limitations, on filing personal injury claims. In Arkansas, you generally have three years from the date of the accident to file a lawsuit. Acting quickly is key to preserving your rights.

Federal and State Regulatory Obligations

Trucks must meet standards set by the FMCSA, federal rules that cover everything from driver hours to maintenance checks.

In addition, the Arkansas Highway Police can stop any commercial truck on sight. They can check compliance with weight limits, safety rules, and issue citations for violations.

If a company or driver ignored these regulations, that violation could be a key factor in determining fault.

Duty of Care Across Different Parties

In Arkansas, everyone involved in operating and maintaining a truck has a duty of care, a legal responsibility to act in a way that prevents harm to others.

• Trucking companies have a duty to keep their vehicles in safe working condition.
• Drivers must operate their trucks responsibly and report any mechanical issues, including brake problems.
• Repair shops and mechanics are expected to perform their work correctly and according to industry standards.
• Manufacturers are responsible for designing and producing safe, reliable brake systems.

When any of these parties fail in their duties, they may be held liable for the resulting damages.

Common Factors in Arkansas Truck Accidents

While brake failure is a significant cause of truck accidents, other factors often play a role, particularly in Arkansas:

• Hilly and mountainous terrain in parts of the state can put extra strain on truck brakes, especially if the driver isn’t properly trained to handle steep grades.
• Rural road conditions can lead to more wear and tear on a truck’s braking system.
• Truck overloading, which is common in the agricultural and shipping industries across Arkansas, increases the likelihood of brake failure.

These local factors can contribute to accidents and may be important to consider when building your case.

Knowing the basics gives you a better idea of what to expect. Every case is different, and identifying how these laws apply to your situation can help you move closer to the accountability and compensation you deserve.

Building a Solid Case

If you’ve been in a truck accident caused by brake failure, building a strong case is essential to getting the compensation you deserve. To do that, you need solid evidence that shows who was at fault and why the brakes failed. Let’s go over some of the most important steps involved in gathering the proof you’ll need.

Examining Maintenance Logs, Inspection, and Training Records

One of the first things to look at is the paperwork. Maintenance logs and inspection records can reveal quite a bit about what went wrong with the truck’s brakes.

• Were the brakes inspected regularly? Trucking companies are required to inspect their vehicles and keep detailed maintenance records. If those records are missing or incomplete, that could be a sign of negligence.
• Were repairs done when they needed to be? Delays or skipped repairs can lead to brake systems wearing out or failing altogether.
• Did the driver receive proper training? Brake failure can sometimes happen because a driver didn’t know how to handle certain situations, like steep hills or heavy loads. Reviewing training records can help determine if the driver was properly prepared for the road.

This kind of documentation can paint a clear picture of whether the trucking company, driver, or maintenance crew failed to meet their responsibilities.

Accident Reconstruction, Black-Box Data & Eyewitness Accounts

Recreating what happened during the accident is another critical step in building your case. A combination of technology and firsthand accounts can provide valuable insights.

• Accident Reconstruction: Professionals can analyze things like skid marks, vehicle damage, and the accident scene to figure out how the brakes failed and what role they played in the crash.
• Black-Box Data: Most commercial trucks have an Event Data Recorder (EDR), often called a black box. This device records important details like speed, brake usage, and engine performance leading up to the accident. If the truck’s brakes failed, the black box might have the proof you need.
• Eyewitness Testimony: People who were at the scene can provide valuable details about what they saw and heard. Did they notice unusual noises from the truck before the crash? Did the driver seem to struggle to stop? These accounts can support the other evidence in your case.

Together, these pieces of evidence help create a full picture of what happened and who might be responsible.

Expert Testimony on Mechanical Failure or Driver Error

Sometimes, you need specialists to weigh in on what went wrong. Mechanical failures, in particular, can be complex to explain, and having the right testimony can make all the difference.

• Mechanical Experts: These professionals can examine the truck’s brake system to determine if it was faulty or improperly maintained. They can explain how the failure occurred and why it led to the accident.
• Driver Training and Behavior Analysts: In some cases, the issue isn’t just the brakes but how the driver used them. An expert can evaluate whether the driver’s actions contributed to the failure, such as improper use of brakes on steep grades or failing to report mechanical issues.

Their testimony can help clearly show how negligence played a role in the accident and strengthen your case in court or settlement negotiations.

Building a solid case takes time, effort, and the right resources. The evidence you gather and the professionals you involve can make a huge difference in determining fault and holding the responsible parties accountable for the harm they’ve caused.

How Establishing Fault Affects Your Claim

A truck accident caused by brake failure can turn your life upside down. Medical bills pile up, you might be unable to work, and the emotional toll is overwhelming. In Arkansas, victims have the right to seek compensation for the harm they’ve suffered, but the process can get complicated, especially when multiple parties are involved. 

What Compensation Can You Recover After a Truck Brake Failure Accident?

After an accident, you’re probably wondering what kind of compensation you might receive. Arkansas law allows you to pursue several types of damages, depending on how the accident impacted your life.

• Medical Expenses: You can recover the cost of hospital stays, surgeries, medications, physical therapy, and any other medical treatments related to the accident. This includes future medical care if you’ll need ongoing treatment.
• Lost Wages: If the accident left you unable to work, you can seek compensation for the income you’ve already lost and any future earnings you won’t be able to make because of your injuries.
• Pain and Suffering: This covers the physical pain and emotional distress caused by the accident. Brake failure accidents can be traumatic, and you deserve to be compensated for that.
• Property Damage: If your car or other personal property was damaged in the crash, you can recover repair or replacement costs.
• Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies, relationships, or activities you once loved, this can also be factored into your compensation.

Each case is unique, but the goal is to make sure you’re financially supported as you recover from the accident and move forward with your life.

Type of Compensation	Examples	Details / Notes
Medical Expenses	Hospital stays, surgeries, medications, physical therapy, follow-up visits	Includes both current and future medical care needed due to the accident
Lost Wages	Missed workdays, reduced hours, future lost earnings	Covers both past income already lost and projected future income you can’t earn
Pain and Suffering	Physical pain, emotional trauma, stress, PTSD	Compensates for non-economic impacts on your quality of life
Property Damage	Vehicle repair or replacement, damaged personal belongings	Recovery for repairing or replacing damaged property
Loss of Enjoyment of Life	Inability to enjoy hobbies, sports, relationships, or social life	Recognizes how injuries affect daily living and long-term well-being

Multi-Party Liability and Shared Responsibility

Truck brake failure cases often involve more than one party who may be at fault. This can complicate things, but it also means there may be multiple sources of compensation.

• Trucking Companies: If they failed to maintain the truck or ignored safety regulations, they could be responsible for the accident.
• Manufacturers: If the brakes were defective, the company that made or sold them might share the blame.
• Drivers: A driver’s negligence, such as overloading the truck or improper brake use, can also play a role.
• Maintenance Providers: If the brakes weren’t repaired or inspected properly, the repair shop or mechanic could be held accountable.

Arkansas uses a modified comparative fault system, which means responsibility can be divided among multiple parties. However, if you’re found 50% or more at fault for the accident, you won’t be able to recover damages. That’s why it’s so important to identify all liable parties and build a strong case showing their negligence.

How a Truck Accident Attorney Can Help

When you’re dealing with the aftermath of a serious truck accident, having a knowledgeable attorney on your side can make a huge difference. They’re there to help protect your rights and fight for the compensation you deserve.

• Investigating the Accident: Your attorney can dig into the details, reviewing maintenance records, black-box data, and other critical evidence to prove fault.
• Negotiating with Insurance Companies: Insurance companies often try to minimize payouts, and going up against them on your own can feel like an uphill battle. An attorney can push back and fight for a fair settlement.
• Filing a Lawsuit if Needed: If a reasonable settlement isn’t offered, your attorney can take your case to court and present the evidence in front of a judge or jury.

Recovering compensation after a truck accident caused by brake failure can feel overwhelming, especially if multiple parties are involved. But with the right support and a clear understanding of your rights, you can get the financial relief you need to rebuild your life.

Get the Support You Need After a Truck Brake Failure Accident

Truck brake failure accidents can leave you dealing with serious injuries, mounting medical bills, and endless questions about what comes next. Knowing who is at fault is a critical step in filing a claim for the damages you’ve suffered. With so much at stake, having the right legal guidance can make all the difference in pursuing justice and protecting your future.

At Gates Law Firm PLLC, we are dedicated to helping injured victims like you hold the right parties accountable. Don’t let the stress of a truck accident keep you from getting the compensation you deserve. Contact us today at (501) 779-8091 to discuss your case with our top-rated Arkansas truck accident attorney.