Forum Discussion
laknox
Mar 27, 2019Nomad
kaydeejay wrote:troubledwaters wrote:As someone who used to provide truck capacities to prosecuting attorneys in liability/negligence cases I will respectfully disagree with you. Liability may well move into the negligence category if a truck is severely overloaded.
If your in an accident and someone decides to sue you, whether you were towing 10,000 lbs or 12,000 lbs is never going to come up in the discussion. It's not realistic to try and prove to a jury (who knows nothing about towing, weights, or why it matters) how much the rear axle of the truck weighed at the scene of the accident 3 years ago, rather then you simply failed to stop in time.
Nuff said!
Then you have to define what "severely" is. Is 50 lbs "severely overloaded"? Is 500? OK, we'd agree that 5,000 likely is. :B Thing is, you can easily prove that the axle on a 3/4t often has the exact same part # as a 1t truck, which might have 1k more payload due to a couple springs. If the tires are up to the task, but you're a few hundred over the RARW, even though that same axle is used on a heavier truck, are you "severely overloaded"?
Lyle
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