Forum Discussion
JIMNLIN
Feb 16, 2015Explorer III
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.)
Actually carrying weight over the truck makers GVWR won't be a issue for the manufacturer or the vehicle owner. Never has and no one has ever shown a credible source that its ever happened...... even in the trucking industry as GVWR simply isn't used in any legal/civil issues for how much weight a truck can carry or as a indicator of a over loaded vehicle. That a owner can be held liable comes under internet myth.
Now if the truck owner has exceeded any legal weights (gross weight or axle weights) limits then the owner can be held liable if it was proven over weight vehicle caused the accident.
Brakes.....are a function of the GAWRs on any vehicles certification placard.
A trailer with two 5.2 k axles = 10400 lbs of braking performance.
The OP 1500 Ram with those small (estimated) 3900 FAWR and 3900 RAWR = 7800 lbs of braking performance.
Once the manufacturer has completed design/engineering/testing the trucks brake system then the vehicle is presented for the FMVSS testing which is a minimum test at GVWR in relation to the GAWRs.
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