caberto wrote:
wfoote wrote:
caberto wrote:
The only legal weight restriction I've seen, heard, or read of in official guides, is the lesser of either the actual rear axle rating or the tires, which is usually the tires, as most 3/4 ton and 1 ton rear truck axles have at least a 10.5K weight rating.
"Legal" weight restrictions are not the only thing to worry about. If you get in an accident with a death, and some eager beaver prosecutor finds your numbers are over specs, you may be facing high level felony criminal charges( read as manslaugher or murder). Admittedly, I am looking at this with a defense attorney's jaded eye, but don't doubt it can happen.
We can theorize that the TV can carry more than its rated capacities, but we need to remember the TV capacities are only as strong as the weakest link. That may be payload, rear GAWR or the tires provided. Run the numbers.
Thing is, it has not been proven that I have seen, read or heard of, where staying under the actual rear axle rating (which is the the legal "specs" you speak of) has been proven to have caused or contributed uncommonly to an accident. If it has, please feel free to provide such evidence (legal or otherwise) so we can all learn from it and be that much wiser. Again, thanks for your input, as this open discussion often exposes opinionated avenues not yet discovered as fact.
Heathcock v. State, 415 So. 2d 1198(Ala. 1982). Defendant was driving a coal truck that was driving too fast on a downgrade. The legal weight limit for the vehicle was 80000 +/- 10% or 88000. The vehicle weighed 96,400. Despite a complete lack of testimony that this amount overweight contributed to the accident the Cory upheld the use of that evidence as proof that the driver committed manslaughter.
People v. Phippen, 232 A.D.2d 790 (NY Sup. Cr. 1996) (truck driver had blowout that resulted in three deaths. One of state's theories was that the vehicle being overloaded caused the blowout. The defendant was eventually acquitted but went through stress and expense of criminal trial and appeal. If the state offered evidence linking overload to the blowout he would have been convicted .)
There are lots more like this. They generally deal with trucks but the legal reasoning is the same. Moreover, actual vehicle limits are more important than weight limit laws. Weight limit laws are usually aimed at protecting roads and may not be related to actual safety. Vehicle specification limits are directly related to vehicle safety.
These prosecutions are often politically driven. If there are deaths in an accident, particularly deaths of children, there is often a big public outcry for the prosecutor to do something. Prosecutors are elected so this has a big impact on the decision to bring charges. In these cases some prosecutors will look for some way to bring charges. Exceeding vehicle limits is an easy target.
I am not saying this to malign prosecutors. They do a very necessary job that can be very difficult. But just like the rest of us they are people. The respond to the same pressures as the rest of us.
If you are exceeding manufacturers specifications and you get in a fatal accident you may well be sued or charged with a crime. The argument against you is that driving in excess of limits was a contributing factor in the death. You cannot stop someone from suing you or charging you. You can only fight it. If you are sued your insurance company will cover the costs of defense and some or all of any judgment against you. If you get charged with a crime the defense comes out of your pocket and there is no insurance that does your prison time for you. You may win either type of case in the end, but the costs of getting to winning criminal charges can be devastating.
