Forum Discussion
CWSWine
Feb 18, 2017Explorer
CWSWine wrote:spoon059 wrote:CWSWine wrote:
When I sat on a jury we had to fill out form stating what factors caused an accident and one of the questions was "Was the Vehicle Operating within manufacture specs - Yes - No What percentage of cause do you assign" or sometime to those words.
Who is the manufacturer... the truck manufacturer that simply assembled the parts, or the manufacturer of the axle?
Is the axle the factor or is the frame, brakes and etc. The towing guides warns you not to exceed GVWR and GM even has page on their site not to exceed the GVWR Click Here YOu can argue all you want but you will to convince a jury of lay people that are not RVers that the warnings put out the Ford, Chevy and Ram are not a reason to go by. After sitting on a jury I will honor the manufacture specs. I don't want to spend legal fees to defend that either.
In a civil case you would have to convince a house wife that the specs on your 2500 are the same as 3500 and it is ok to exceed them even though the manufacture warns against it. While the other side shows manufacture specs that your are over weight according to the manufacture. I agree with lot or what you say and the truck will probably handle the weight I wouldn't want to be on your side of court room try to defend you position.
The jury instructions in a civil is more likely then not and the weight of each item that causes a accident is decided by the jury and over weight could 10% or 100% depends on what percentage the jury assigns to that one cause.
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