Who Is Liable in Virginia for a Truck Accident Caused by Brake Failure?

 Posted on November 12, 2025 in Car & Truck Accidents

Because semi-trucks weigh tens of thousands of pounds, even a small brake issue can cause a devastating collision. When this happens, determining who is responsible is not always simple. Several parties could contribute to malfunctioning brakes. A detailed and deliberate approach is important when building your claim. Our Gainesville, VA truck accident lawyers can walk you through every step of building your claim.

What Can Cause Brake Failure in a Semi-Truck?

Brake failure in a commercial truck can happen for many reasons. Some issues develop slowly over time, while others occur because maintenance was rushed or skipped. Common causes include:

• Worn brake pads or drums

• Improper or delayed maintenance

• Defective brake parts from the manufacturer

• Excessive cargo weight or uneven loading

• Brake fade on long downhill grades that cause brakes to overheat

Who Has To Pay if a Semi Causes an Accident Due to Brake Failure?

Responsibility depends on how and why the brakes failed. More than one party may share liability.

Truck Driver Liability

The truck driver may be responsible if they ignored signs of brake trouble or skipped required pre-trip inspections. Under Virginia Code § 46.2-1070, trucks must have brakes capable of safely stopping and controlling the vehicle. If the driver noticed problems, such as reduced stopping ability, vibrations, or warning lights, but continued driving anyway, that may be considered negligence.

Trucking Company Liability

The trucking company may be liable if it failed to schedule required maintenance or knowingly allowed a truck with unsafe brakes to stay in service. Routine inspections are required under Virginia law, and trucking companies have to follow federal rules as well. Under 49 C.F.R. § 396.3, companies must keep their vehicles in safe working condition and maintain repair and inspection records. When a company ignores these requirements, it puts everyone on the road at risk.

Maintenance Contractor Liability

It is common for trucking companies to hire someone to maintain or repair their vehicles. A maintenance contractor could be responsible if they performed poor-quality repair work, used worn or incorrect parts, or failed to identify a serious brake issue during inspection.

Manufacturer Liability

The brake or vehicle manufacturer may be responsible if the braking system was defective when it left the factory. In this situation, the problem is not related to maintenance but to a design or manufacturing flaw. These cases are handled under product liability law and often require expert evaluation to show how the defect contributed to the brake failure.

Cargo Loader Liability

Cargo loaders or shipping companies may be at fault if the truck was overloaded or loaded unevenly. Excessive cargo weight can put extra stress on the braking system, increase stopping distance, and cause braking components to overheat and fail.

Identifying every responsible party is important because it influences the total compensation available and can expand the sources of recovery.

Schedule a Free Consultation With a Winchester, VA Truck Accident Attorney

Brake failure accidents are complex. Several parties may share responsibility, and important records can disappear if they are not gathered quickly. Working with an attorney helps ensure that the investigation begins right away and that no key details are missed. At Parthemos, Curran, Buelow and Polizzi, PLLC, we offer aggressive and personal representation because we understand how much is at stake after a serious truck accident. We do not take cases unless we are fully prepared to fight for them in court.

Our firm has more than 120 years of combined experience, and we take on complex claims that other firms may refuse. Call 540-662-4222 to contact our Gainesville, VA truck accident lawyers for a free consultation. We are highly responsive, follow up consistently, and make communication a priority so you always know what is happening in your case.