Forum Discussion
mapguy
Feb 22, 2012Explorer
Bakersfield wrote:Only issue to check out/consider would be the truck Tonnage (GVWR) that you carry. IF licensed under 10K you are overweight by regulation as scaled. To limit liability -your Truck GVWR should be licensed for 10K (more than your typical loaded weight.
Question: If his truck is only rated to GVWR 9200 lbs, and he is running GVWR 9640 lbs (over 440 lbs), how would licensing the truck for 10K limit liability?
Any amount over weight by regulation and is known by the operator can be easily argued that the operator was operating in a negligent manner. Buying the extra licensing -in my state, less than $100.00 annually, removes this liability. Remember that Truck GVWR is not a legally enforceble number in most states (each state is different) but the GVWR (Paid Tonnage) limit of your registration is for sure. Your risk is not at the scale house but in an accident for the most part.
Also, in an accident with a death, many states will totally re-create the accident scene "on-site" using GPS surveying techniques and normal post accident investigate/interviews plus haul rigs/pieces to a scale to determine cause and responsibility.
It is all about CYA and limiting the ambulance chasers from establishing a way to attack your estate in a seperate civil proceeding after the traffic infraction level process takes place. Any establishment of guilt or negligence -even if not cited gives additional strength to a civil case. Civil case awards can easily push beyond the limits of a typical auto insurance policy....
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