JIMNLIN wrote:
Again nothing there but theories and doesn't prove your opinion that the truck was carrying weight above a mfg gvwr or a payload number.
Show us a case where a truck was carrying weight above the mfg GVWR or a payload number or pulling weight in excess of the vehicle mfg GCWR and the driver was sued or faced criminal charges/etc.
I respectfully disagree with your reading of Heathcock. My point is you can get sued or charged if you exceed limits and bad things happen. It may be that you ultimately with the case if the other side cannot prove that exceeding that limit was the cause of the bad thing happening, but that is small consolation after being hauled into court.
As for a case exactly referring to axle or payload capacities, you are looking at this too narrowly. Legal theories paint in broad strokes. You do not have a separate legal theory for every part of the vehicle. The general theory is that exceeding the capacities of a thing can be negligent or reckless.
There is no need to belabor this further. We have our own opinions. I'm not going to change yours. I am unlikely to change mine in this regard.
Travel safely.