Who Do I Sue When Faulty Brakes on a Semi Caused My Accident in Colorado?

 Posted on December 26, 2025 in Truck Accident

As of 2025, Colorado law allows injured drivers to pursue compensation from more than one party when a semi-truck crash is caused by mechanical failure. Many people are surprised to learn that liability for an accident could be shared by multiple parties, depending on what caused it.

Determining who is legally responsible requires a close look at how the brakes failed and who had a duty to prevent that failure. Our Fort Collins, CO truck accident lawyer can help identify the correct parties and protect your right to recover damages.

Is a Truck Driver Responsible for an Accident Caused by Brake Failure?

In many brake-related crashes, the truck driver is not the main cause. Drivers are required to inspect their vehicles, but they are rarely responsible for actual truck maintenance and repairs.

Under Colorado Revised Statutes § 42-4-223, commercial vehicles must meet safety and equipment standards, including functioning brake systems. If a trucking company failed to keep the vehicle in compliance, liability may shift away from the driver and toward the company. This matters because trucking companies typically carry higher insurance limits than individual drivers.

When Is a Trucking Company Responsible for a Truck Accident Caused by Failed Brakes?

Trucking companies have a legal duty to maintain their fleets. This includes regular inspections, timely repairs, and keeping accurate maintenance records.

If a company ignores worn brake pads, delays repairs, or falsifies inspection logs, it may be held responsible for resulting crashes. Evidence in these cases often includes maintenance schedules, inspection reports, and internal communications.

In Northern Colorado, where semis frequently travel Interstate 25 and U.S. Highway 287, brake systems are under constant strain from traffic, weather, and elevation changes. Companies that fail to account for these conditions may face liability when accidents occur.

Can a Manufacturer Be Sued for Defective Brakes After a Truck Accident?

If the brakes failed because of a design flaw, manufacturing defect, or inadequate warnings, the brake manufacturer may be responsible.

Colorado product liability claims are governed by Colorado Revised Statutes § 13-21-401. These cases focus on whether the product was unreasonably dangerous when it left the manufacturer’s control.

Keep in mind, these cases are complicated. They often require expert testimony and technical analysis to show that the brake system failed due to a defect rather than wear or misuse.

What if a Repair Shop Caused the Brake Failure in a Truck Accident?

Maintenance providers and repair shops can also be liable. A repair shop may be responsible if it installed the wrong parts or installed something incorrectly, missed repairs, or failed to notice clear brake problems.

These claims are usually based on negligence. The injured person must show that the shop failed to use reasonable care and that failure led to the accident. Repair records and invoices often play a critical role in proving these cases.

How Can Identifying the Responsible Parties Early Affect Your Brake Failure Claim?

Brake failure cases move quickly. Evidence can be lost, trucks can be repaired, and records can disappear if action is delayed. Early investigation may involve:

• Inspecting the truck and brake components

• Preserving electronic and maintenance records

• Reviewing driver inspection reports

• Consulting mechanical experts

Waiting too long can make it harder to prove that the party that caused the failure should be held legally accountable.

Schedule a Free Consultation With Our Larimer County, CO Truck Accident Attorney

Faulty brake cases often involve multiple defendants and complex legal questions. At Hoggatt Law Office, P.C., Attorney Darby Hoggatt has been aggressively fighting for the rights of injured people for over 20 years. He believes in handling every case efficiently. He also focuses on exceeding expectations and giving each client the personal attention they deserve. If you were injured in a semi-truck accident caused by brake failure, call 970-225-2190 to schedule a free consultation with our Fort Collins, CO truck accident lawyer today. Se Habla Español.