carringb wrote:
Terryallan wrote:
Campfire Time wrote:
There is another issue here that is often overlooked. Civil liability. We live in a highly litigious society. It's why we all have to carry umbrella policies. Should you get into an injury or death related accident, even if not your fault, if it's discovered that you were towing weight over the manufacturer's set limits, you are setting yourself up to be sued. Yes your insurance will cover you. Then drop you like a hot potato and put you on a blacklist.
And that NEVER happens. First the trailer in question would have to be weighed at the scene to prove it was over weight. Not a good way to do that. Second. manufacturer's weight ratings are NOT law. they are warranty limits only.
Actually there is case precedent. Many cases. Also accident reconstruction vans do carry scales that I've seen. Being legal is only one factor considered for liability. Reference standards are often cited as well (i.e. SAE, ASME, FMVSS etc). Granted, being over on GCWR only is unlikely to be a red flag, but exceeding tire, axle, or hitch ratings could be a violation of one or more of those reference standards.
Here as 6 cases here. Most were work-related, however the last case was recreational.
http://www.hardworkingtrucks.com/improperly-equipped-pickups-costing-businesses-millions-in-lawsuits/
So If somebody rams my rv from behind and and I'm 50 bls over my insurance company could say I was over loaded because my rv didn't stop in time, like the soso where replaying to.
