Brake Failure Caused Your Truck Crash? Talk With Terance Madden Today

A truck that cannot stop in time may have a brake problem behind the crash. Brakes can fail because parts wore out, were adjusted wrong, were repaired badly, or never got the upkeep they needed. A truck brake failure crash lawyer looks at the equipment, the paperwork, and every party that touched the truck. T. Madden & Associates, P.C. is a Georgia personal injury firm led by attorney Terance Madden. The firm has practiced since 1999 and has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta.

What a brake-related truck crash is and who this page is for

A brake-related truck crash happens when a truck cannot slow or stop in time because its brake system failed or was not kept up. Sometimes a part simply wears out. Other times, someone adjusted or repaired the brakes incorrectly.

Common brake problems include:

• Worn or contaminated brake linings and pads
• Slack adjusters that are out of adjustment
• Air-system leaks that weaken braking
• Cracked or failing brake hoses
• Antilock brake system (ABS) faults

Federal rules set limits on wear. An air-braked commercial motor vehicle may not run non-steering axle linings thinner than 6.4 mm (1/4 inch) on drum brakes, or run them to the wear indicator if the lining is so marked; for disc brakes, the limit is 3.2 mm (1/8 inch). 49 C.F.R. § 393.47 sets this limit.

The key question is simple. Could the truck’s equipment or its upkeep have kept it from stopping?

This page is for Georgia drivers, passengers, pedestrians, motorcyclists, e-bike riders and families who suspect a truck’s brakes or maintenance played a part. The Georgia Department of Public Safety fact sheet lists defective brakes among common contributing factors in commercial-truck crashes. This page explains how these claims work. Every crash turns on its own facts.

Who may be responsible when brakes fail or maintenance was poor

More than one party can share responsibility. The motor carrier that runs the truck must keep it safe. Federal rules require every motor carrier to systematically inspect, repair, and maintain its vehicles, and to keep parts in safe and proper operating condition at all times (49 C.F.R. § 396.3).

Other parties may also be liable, depending on the facts:

• The repair shop that did brake work and skipped required steps
• The owner or leasing company that controlled the truck or its repairs
• The maker of a defective brake part
• The driver, if he or she ignored warning signs or drove with known brake problems

Georgia fault rules shape every claim. A jury can assign fault to everyone who contributed, even people not named in the lawsuit. Each liable party pays its own share, not a shared joint share. Under O.C.G.A. § 51-12-33, an injured person’s recovery is reduced by their own percentage of fault. A person who is 50 percent or more responsible cannot receive damages.

The records and physical evidence that connect brakes to a crash

The strongest proof is often paperwork and electronic data. These records show what was done to the brakes, when, and by whom.

• Maintenance and repair records: brake inspections, adjustments, parts invoices, and work orders. Carriers must keep these records where the truck is housed or maintained for one year, and for six months after it leaves the carrier’s control (49 C.F.R. § 396.3).
• Electronic data: Drivers’ electronic duty-status records must be kept for six months, according to FMCSA guidance on ELD records. Engine and telematics data may show speed and braking events.
• Physical evidence: photos, skid marks, dashcam or surveillance video, and the brake parts themselves.

Retention limits matter. Companies subject to this part shall retain records for the minimum retention periods provided in appendix A to this part, and after the required retention periods, the records may be destroyed at the discretion of each company’s management (49 C.F.R. § 379.3). The provisions of this part shall not be construed as excusing compliance with the lawful requirements of any other governmental body prescribing longer retention periods for any category of records. That is why early requests matter. A lawyer can ask the other side, in writing, to keep these items. Parts that are repaired, sold, or thrown away are hard to examine later. Engineers may review the brakes and crash data to show what failed and why.

What a brake failure claim can recover

A claim can seek several kinds of losses. Medical expenses are one. Under O.C.G.A. § 51-12-1.1, medical and healthcare expenses are limited to the reasonable value of medically necessary care.

Other losses may include:

• Lost wages, and lost future earnings when injuries limit work
• Pain, suffering, and loss of enjoyment of life
• Damage to a car, motorcycle, or e-bike
• Costs for ongoing treatment, rehabilitation, and daily care

Punitive damages work differently. Georgia law says they are awarded to punish, penalize, or deter a defendant, not to compensate the injured person (O.C.G.A. § 51-12-5.1). For many tort cases, the statute caps them at $250,000. The statute also sets exceptions, so a case must meet its conditions.

When a crash causes a death or a severe injury, the list of losses grows. Those cases are reviewed in detail during the consultation.

What to expect: the steps and timeline from first call to claim

Step 1: Free consultation. Your free first consultation is confidential and carries no obligation to continue. We review the crash, your injuries, and any papers you have.

Step 2: Evidence preservation. Letters go to the carrier, the repair shop, and other parties. The letters ask them to keep records, data, and brake parts.

Step 3: Investigation. Records requests, data review, and, where needed, engineering analysis of the brakes and the crash.

Step 4: Demand and negotiation. A settlement demand is prepared and presented to the responsible parties and their insurers.

Lawsuit if needed. Under O.C.G.A. § 9-3-33, “Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.” Other rules may apply to a specific case. Waiting can cost important evidence, so timing matters.

The firm works on a no-fee-unless-we-win basis. The client may still be responsible for court costs and case expenses.

Why bring a truck brake crash to T. Madden & Associates

T. Madden & Associates, P.C. is led by attorney Terance Madden and has practiced since 1999. The firm has offices in Jonesboro, Atlanta, Decatur, Macon, and Augusta. Its practice areas include truck, car, and motorcycle crashes, e-bike accidents, catastrophic injury, wrongful death, and nursing home abuse.

Our team, including assistants and office staff, supports each case with the paperwork. That work includes organizing records and keeping the file in order.

To begin, request a free case evaluation. If the crash happened recently, call us. We are available 24/7, and evidence is most at risk early on.

Questions people ask about truck brake crashes in Georgia

These are the questions readers ask most about brake-related truck crashes.

If a truck’s brakes or upkeep may have caused the crash that hurt you or a family member, and you’re deciding what to do next, reach out to T. Madden & Associates. Request a free case evaluation through our contact page and talk through your situation.