Forum Discussion
LarryJM
Feb 16, 2015Explorer II
atreis wrote:kaydeejay wrote:
Wanna bet! If the truck is loaded beyond GVWR and an accident due to a brake fade situation occurs, who do you think is going to held responsible?
It sure won't be the Manufacturer!
(This also assumes the trailer does its fair share of the work, if not the situation is even worse. Truck brakes are rated for a max of GVWR, NOT GCWR)
Seriously? Can you point to ANY reasonably recent (say, last 10 years) case where the manufacturer was held liable for an accident that came about as a result of brake fade, with or without a trailer?
Sorry - brake fade is just poor driving.
(BTW - this isn't a defense of driving over the limits - see previous post for my opinion on that.)
You obviously didn't understand what kaydeejay wrote ... the manufacturer was not the one that was going to be held liable. It will be the individual that exceeded the FMVSS certified safety limits and it will be a civil suit and most often the results are not made public so you won't find info readily available. In this ligitous society if one believes they won't be held responsible for something like this is IMO being very naive to say the least.
For me I'll treat the FMVSS certified safety limit as a hard one since insuring one is under it is not that hard.
Finally, to imply one doesn't need to be concerned with such numbers is IMO not a prudent or wise thing to do and sure not something one should be recommending others to do since to do so would be IMO very irresponsible.
Larry
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