Federal Brake Rules and Stopping Power
Brakes adequate to stop and hold
Every commercial motor vehicle must have brakes adequate to stop and hold it, meeting service, parking and emergency brake requirements (49 CFR 393.40(a)), and every brake it is equipped with must be capable of operating at all times, with narrow exceptions (49 CFR 393.48(a)).
Fading, grabbing and worn linings
Brake components must be built and maintained to prevent excessive fading and grabbing, and linings or pads may not wear below set minimums, such as 1/4 inch on air drum brakes of non-steering axles (49 CFR 393.47(a), (d)). A truck that pulled or faded before impact points to maintenance.
Out-of-adjustment brakes
Federal rules set maximum pushrod stroke limits for air brake chambers (49 CFR 393.47(e)). A chamber past its readjustment limit delivers less braking force, and measurements taken before the truck is repaired can prove it.
Holding the truck for inspection
Once a truck is repaired or back in service, the brake evidence is gone. An early letter asking the carrier to hold the tractor and trailer for a joint inspection matters as much as a demand for records. Our Utah truck accident guide explains the process.
When the truck never stops
A trucker may not notice a clipped mirror at freeway speed. Your uninsured motorist coverage may pay for an unidentified vehicle, and if there was no contact, Utah Code § 31A-22-305(6) requires clear and convincing evidence beyond your own testimony that it existed. Report it that day.