Most tractor-trailers stop with air brakes. When the driver presses the pedal, compressed air pushes a rod out of a brake chamber at each wheel. That rod turns a slack adjuster, which forces the brake shoes against the drum. If the slack adjusters drift out of adjustment, the rod has to travel farther before the brakes engage, and the brake at that wheel delivers less force. Worn linings, cracked drums, air leaks, and faulty anti-lock systems reduce stopping power further. A truck can have several weak brakes and still feel normal until it has to stop hard.
When brakes fail, the result is usually a rear-end crash into stopped traffic, a truck that runs a red light or stop sign at an intersection, or a jackknife when some wheels lock while others do not. In Florida we see brake cases on busy commercial roads and with the container chassis that move in and out of Port Miami, Port Everglades, Port Tampa Bay, and JAXPORT.
"The brakes failed" is the start of the investigation, not the end. Brakes rarely fail all at once without warning. The issues are what failed, when, and who should have caught it.
1. Get medical care and protect your own records
Get medical attention right away. Florida PIP medical benefits generally require initial care "within 14 days after the motor vehicle accident" (§ 627.736(1)(a), Fla. Stat.). Photograph the scene, the vehicles, and the cab door showing the carrier name and USDOT number.
“within 14 days after the motor vehicle accident”
§ 627.736(1)(a)
2. Stop the truck from being repaired before it is inspected
This is the most urgent step. Once a mechanic adjusts the slack adjusters, replaces linings, or fixes an air leak, the evidence of the brakes' condition at the time of the crash is gone. We send written notice immediately to the motor carrier, the trailer owner, and the tow yard demanding that the tractor and trailer be held without repair until a joint inspection takes place. If law enforcement inspected the truck, we request those results.
3. Send a preservation letter for the brake history
The letter should demand that the carrier and any equipment provider save:
- The tractor, trailer, and all brake components, including any parts removed after the crash.
- Engine control module data showing speed and brake application, and any anti-lock brake fault codes.
- Driver vehicle inspection reports, which must cover the service brakes, including trailer brake connections, and the parking brake (49 CFR 396.11(a)(1)).
- Inspection, repair, and maintenance records (49 CFR 396.3(b)), and the most recent annual inspection report (49 CFR 396.21(b)(1)).
- Records showing who performed brake work and their qualifications, which carriers must keep while the person works as a brake inspector "and for one year thereafter" (49 CFR 396.25(e)).
- Outside repair shop work orders and invoices.
- Camera footage and electronic logging device (ELD) records.
“and for one year thereafter”
49 CFR 396.11(a)(1)
4. Compare the brakes to the federal standards
Federal rules require that "all brakes with which a motor vehicle is equipped must at all times be capable of operating," subject to narrow exceptions (49 CFR 393.48(a)). They also set limits on how far each brake's pushrod may travel before the brake must be readjusted, by chamber type and size (49 CFR 393.47(e)), and minimum lining and pad thickness (49 CFR 393.47(d)). A post-crash inspection that measures each wheel's pushrod stroke against those limits often shows whether the brakes were out of adjustment before the crash.
“all brakes with which a motor vehicle is equipped must at all times be capable of operating,”
49 CFR 393.48(a)
5. Trace who was responsible for the brakes
Carriers must "systematically inspect, repair, and maintain" every vehicle they control, and "Parts and accessories shall be in safe and proper operating condition at all times" (49 CFR 396.3(a)). The driver must be satisfied that the service brakes are in good working order before driving (49 CFR 392.7(a)) and must review and sign the last inspection report when required (49 CFR 396.13). Defects listed on a driver's report must be repaired, or certified as not needing repair, before the vehicle is driven again (49 CFR 396.11(a)(3)). A carrier may not let an employee perform brake inspections or repairs unless that person meets federal qualification requirements (49 CFR 396.25). Each tractor and trailer must also pass a periodic inspection at least once every 12 months (49 CFR 396.17(c)). The paper trail usually shows whether the problem was reported or ignored.
“systematically inspect, repair, and maintain”
49 CFR 396.3(a)
Florida rules that matter
Deadline. For negligence claims arising after March 24, 2023, Florida generally allows two years to file suit (§ 95.11(5)(a), Fla. Stat.), and a wrongful death action must be filed within two years (§ 95.11(5)(e)). Claims against a parts manufacturer may involve additional timing rules.
Fault. Florida reduces damages by a claimant's share of fault and bars recovery for a person found more than 50 percent at fault for his or her own harm (§ 768.81(2), (6), Fla. Stat.). Each defendant pays according to its own percentage of fault (§ 768.81(3)). Expect the carrier and the repair shop to blame each other.
Insurance. Interstate for-hire carriers of nonhazardous property in vehicles of 10,001 pounds or more must carry at least $750,000 in public liability coverage (49 CFR 387.9). Trucks that operate only within Florida must carry $50,000 to $300,000 per occurrence depending on weight (§ 627.7415, Fla. Stat.). Florida applies the federal safety regulations to interstate carriers and, with listed exceptions, to intrastate carriers as well (§ 316.302(1), Fla. Stat.).
Punitive damages. Where a carrier kept a truck with known brake defects on the road, punitive damages may become an issue. Florida does not allow that claim to be added unless there is "a reasonable showing by evidence in the record" or proffered by the claimant (§ 768.72(1), Fla. Stat.), and an employer can be liable for punitive damages based on an employee's conduct only in the circumstances listed in § 768.72(3).
“a reasonable showing by evidence in the record”
§ 768.72(1)
Your checklist
- Get medical care within 14 days and keep all records.
- Have written notice sent at once that the truck must not be repaired before inspection.
- Photograph the scene, both vehicles, and the cab door.
- Request the law enforcement crash report and any vehicle inspection report.
- Have a preservation letter sent for the brake, maintenance, and repair records.
- Do not give a recorded statement to the trucking insurer.
- Talk with a trial lawyer well before the two-year deadline.
How we handle these cases
We hold the truck before anyone touches the brakes, then arrange a documented inspection with engineers and reconstruction professionals, measure every brake against the federal limits, and trace each defect through the driver reports, work orders, and inspection history to the company that should have fixed it. We represent injured people throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789 to talk with us.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.