Towing wreck - overloaded hitch
Please people follow the rules and don't run over loaded. First article I've seen like this. Surprised it does not happen as often as this. http://www.pressdemocrat.com/news/2960844-181/chp-hitch-...
Forum Discussion
In the end it's all about money in this society...most societies...*BUT*
it is how we get to that bottom line that matters...IMHO
We enjoy freedoms few countries allow. Why anyone can pretty much do whatever they
wish...until they take away someone else's freedoms. Why this thread indicates
a DA has filed criminal charges...a life was ended...taken?...and that is where
the courts will be charged to make the determination
That then goes to liability for someone's actions
From the OEM's of all components and systems.
The TV's OEM sold that vehicle with a specification that was spelled out on all
of their contractual documents. From the door labels, to the glove box manual,
to the sales brochures, to the Internet based specifications, ETC...
If the driver/owner of that TV had modified the TV, the TV's OEM is off the
liability hook for those parts/systems/etc affected.
The trailer OEM has a ditto liability and specification tree. If the Owner/driver
made that trailer, then the driver/owner has the liability
If the hookup/setup was not properly done, then the driver has the liability
There are laws dictating "minimum" things to have and do. Like the safety chains
(type, rating, etc) and hooked up *CORRECTLY*. Ditto the breakaway lanyard. ETC
If speed was a contributing factor, then the driver is on the hook for that
part
If the condition of the coupler allowed it to let go of the ball (failed or
worn latch), then the owner and driver are on the hook (liability). As they
should have checked it before moving. Oblique, but germane, is the way the
Anderson WD Hitch System works by placing all/most of the forces on the coupler
latch...that, that latch was never designed to be used that way...
By registering a vehicle above the OME's GVWR and operating that TV above the
OEM's GVWR removes the TV's OEM off the liability hook
The state DMV which accepted the money for a higher registration is NOT on the
liability hook. They just licensed it for whatever GVW (NO "R") and it is up
to the operator to manage that aspect...
To the folks who say that insurance will cover no matter what...read the fine
print. They can walk away and NOT cover if they deem so. Rude awaking for me
in my first suit while in my twenties...my insurance said they 'would' insure
and cover 'me'. As the policy was for my company...they did NOT have to cover
me...the owner. My employees are named to be cover...within certain bounds...
it is how we get to that bottom line that matters...IMHO
We enjoy freedoms few countries allow. Why anyone can pretty much do whatever they
wish...until they take away someone else's freedoms. Why this thread indicates
a DA has filed criminal charges...a life was ended...taken?...and that is where
the courts will be charged to make the determination
That then goes to liability for someone's actions
From the OEM's of all components and systems.
The TV's OEM sold that vehicle with a specification that was spelled out on all
of their contractual documents. From the door labels, to the glove box manual,
to the sales brochures, to the Internet based specifications, ETC...
If the driver/owner of that TV had modified the TV, the TV's OEM is off the
liability hook for those parts/systems/etc affected.
The trailer OEM has a ditto liability and specification tree. If the Owner/driver
made that trailer, then the driver/owner has the liability
If the hookup/setup was not properly done, then the driver has the liability
There are laws dictating "minimum" things to have and do. Like the safety chains
(type, rating, etc) and hooked up *CORRECTLY*. Ditto the breakaway lanyard. ETC
If speed was a contributing factor, then the driver is on the hook for that
part
If the condition of the coupler allowed it to let go of the ball (failed or
worn latch), then the owner and driver are on the hook (liability). As they
should have checked it before moving. Oblique, but germane, is the way the
Anderson WD Hitch System works by placing all/most of the forces on the coupler
latch...that, that latch was never designed to be used that way...
By registering a vehicle above the OME's GVWR and operating that TV above the
OEM's GVWR removes the TV's OEM off the liability hook
The state DMV which accepted the money for a higher registration is NOT on the
liability hook. They just licensed it for whatever GVW (NO "R") and it is up
to the operator to manage that aspect...
To the folks who say that insurance will cover no matter what...read the fine
print. They can walk away and NOT cover if they deem so. Rude awaking for me
in my first suit while in my twenties...my insurance said they 'would' insure
and cover 'me'. As the policy was for my company...they did NOT have to cover
me...the owner. My employees are named to be cover...within certain bounds...
