Forum Discussion
laknox
Feb 07, 2022Nomad
Lantley wrote:nickthehunter wrote:
Once the truck and/or trailer leaves the scene, they have no way to prove the payload rating was exceeded. And yes, the law requires proof, speculation doesn’t work. You can however prove failure to stop in time. That is were the lawyer is going, somewhere he can win.
So you have to ask yourself, why would they try and prove you exceeded your payload rating when all they got to do to win their case is prove you failed to stop in time.
Much in the same way. Experienced RV'ers can spot a combo that is likely over its ratings. An experience truck chasing lawyer (the guys running the commercials) can spot a combo that is likely over its manufacturer's ratings.
Once it's determined you were over your ratings,even if you are within those sacred axle ratings. There is an amount of negligence involved.
The lawyer will push the idea that you were unsafe the moment you left the driveway. You chose to exceed the manufacturers ratings and were involved in an accident.It becomes an easy case to sell.
The thought that once the truck and trailer leaves the seen no one will ever know is really silly. In today's world I trust there will be lots of pictures maybe even canera footage...LOL
Frankly, not real hard to do. Wrecked truck is a 250/2500. Wrecked trailer is a triple-axle TH with a placard that gives the mfr, model # and, likely, the GVW. No-brainer that the trailer was =way= too big for the TV. As others have said, civil "proof" and criminal "proof" are way different. How many criminal cases where the defendant gets off but then gets hammered in a civil trial? Lots!
Lyle
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