Brake failures can cause serious or fatal traffic accidents, and unsafe or faulty brakes are particularly dangerous on heavier motor vehicles, like commercial buses or large trucks (semis, big rigs, tractor trailers, 18 wheelers).
Large Trucks and Brake Failures
As explained by the IIHS (Insurance Institute for Highway Safety), big rigs, semis, and other large commercial trucks share our roads and drive comparable speeds while weighing 20-30 times more than their neighboring sedans, minivans, SUVs, and pickup trucks.
Fully loaded, a tractor-trailer truck will need as much as 40% more distance on the roadway to come to a stop as a passenger car or pickup truck. This is with a braking system that is operating properly and is fully functional.
If the truck’s brakes are not performing well, or if the truck’s brake system fails, a severe or fatal accident is a likely risk to those sharing the road with that large truck.
Passenger Cars, SUVs, and Failing Brakes
Likewise, deadly brake failures are common causes of fatal accidents for personal vehicles. The sedans, SUVs, minivans, and pickup trucks we share the roads with each day can also be the cause of a fatal crash if the brakes fail or malfunction.
Passenger cars, SUVs, minivans, and pickup trucks may have brake failures due to several things, including:
- Failure of the anti-lock system;
- Fluid build-up in the brake system; or
- Rupture of the brake lines.
Drivers who cannot rely upon their vehicle to slow or stop as the driver requires are vulnerable to rear-end collisions, rollovers, or other serious and deadly traffic accidents.
Warnings to the Driver: Brakes Need Maintenance and Repair
Drivers will often have warnings of the need for repair of the vehicle’s braking system. Here are five examples.
Often (1) there will be a loud screech or wail when stepping on the brake pedal. This is a warning that the brake pads need replacing, and the sound is caused by an intentional gizmo placed into the braking system by the manufacturer. When a small amount of brake pad is left, a metal device will hit the rotor and cause the loud and irritating noise. It should never be ignored.
Another warning to the driver: (2) the steering wheel begins to shake or wobble when the brakes are applied. This is a hint to the driver that the brake rotors are in need of replacement.
Of course, these warnings are not foolproof. Brake pads can fail without the screeching sound if the gizmo (indicator) has failed or fallen off the vehicle. Some cars do not have the gizmo at all (low-cost brake pads keep costs down by omitting the warning system).
Other hints to the driver that the brakes need repair include (3) the braking system taking longer to bring the vehicle to a halt than in the past, as well as (4) feeling the need to push harder on the brake pedal in order to get the car or truck to slow or stop. Finally, the (5) dashboard warning light may signal a problem with the vehicle’s brakes.
Owner’s Duty of Care for Brake Maintenance and Repair
It is the duty of the owner or operator of the motor vehicle, from the commercial big rig or motorcoach, to the small passenger van or two-door sedan to make sure the brake system is reliable and in good condition before driving. In accidents involving commercial vehicles, trucking companies or bus companies may share liability with the driver for negligence and/or negligence maintenance.
Routine Inspection
Drivers should have their braking system checked and routinely maintained at least once a year (more if the vehicle is driven a lot or it carries heavy loads). Routine inspections should include the following:
- Master cylinder
- Brake calipers
- Brake rotors
- Brake hoses
- Brake lines
- brake pads
- Brake fluid levels
- Brake lights
- Brake warning lights (dashboard).
Often, the inspection of the brake system happens at the same time that the tires are removed and rotated.
Repair and Replace
Just like tires will need to be replaced over time, so do various parts of the braking system. For many makes and models of cars, the owner’s manual will recommend replacement of the entire system at 20,000 to 30,000 miles.
Much will depend upon the individual vehicle and the amount of mileage being put on it, as well as where it’s being driven (urban driving is harder on brakes than rural routes). See, e.g., “When Do You Need to Replace Your Brakes?” written by Rick Popely for Cars.com and published on May 22, 2017.
- Brake Pads
Brake pads wear down with use. Their function is to absorb friction, as they work with the rotor and the wheel to stop the vehicle from moving. Over time these pads will deteriorate, and need to be removed and replaced.
- Rotor Disc
The brake rotor may need to be replaced if it has been under extensive stress and heavy use. Rotors that have rough spots, lines, or other signs of wear need to be removed and replaced.
- Brake Fluid
Fluid within the brake system is a hydraulic fluid that takes the heat generated by the friction as the car is slowed and stopped. Brake fluid gathers that heat and diffuses it to avoid sparks and fire.
Brake fluid must be replaced periodically. A sign that brake fluid needs replacing is when it turns a dark color; failure to replace the dark brake fluid can mean the entire brake system can fail.
- Master Cylinder and Lines
The master cylinder must be able to push the brake fluid through the system via the lines. If either the cylinder or the lines are flawed, they need to be replaced.
Brake Failure Claims for Accident Victims: Failure to Meet the Duty of Care
When there is a serious or fatal accident involving a car or truck that may have failed to fully slow or stop, causing the crash, then the failure of the braking system must be investigated.
Sometimes, the system failure is due to a defective part. In other situations, the brakes failed because the owner or operator did not do proper repair or maintenance of the brakes.
Under the laws of negligence, the accident victim may have legal rights to damages based upon the owner or operator’s failure to meet their duty of care in maintaining the vehicle’s braking system.
All drivers know the power of the engine of any size motor vehicle and the vital importance of effective brakes for its safe operation. Accident reconstruction experts may be necessary to confirm the breach of the duty of care regarding the braking system after a serious or fatal accident, but the law does provide a remedy to those who are victims of brake failure. Please be careful out there!
