CWSWine wrote:
You must operate a motor vehicle on public roads withing the manufacture specs. Heck that in my grand daughter handbook.
When I sat on jury for traffic accident is was on the questionare that each jury had to fill out. The question was something like this. "Was the motor vehicle operated within manufacture specs -- YES OR NO -- if yes what percentage of the fault would you assign 1 to 99 percent.
So many things wrong with this statement...
#1 if you HAVE to operate within manufacturers specs then why is it legal to purchase non-oem parts? I would have an obligation to independently test every item that I put on or in my truck before I put it on or in. Does the seat cover affect air bag deployment? Does the window tint affect visibility? (doesn't matter if you have "legal? tint for your jurisdiction, it isn't approved by the OEM... right?) You know what, my tires are worn down below the original 18/32" tread that were originally there... thats not OEM spec either.
Thats an absolutely ridiculous statement. Not being within spec is something to consider, however it is not the end all be all. Oh, and by the way, who do you consider to be the manufacturer? Let's take my 2500 Ram for example.
The GVWR is 10,000 lbs. Is this the number by the manufacturer?
The front axle is rated at 5500 lbs and the rear is 6500 lbs. Is this the number by the manufacturer?
The axles are actually manufactured by AAM. I know that AAM rates my 11.5" rear axle at 10,000 lbs. Is this the number by the manufacturer?
I would argue that Ram is simply the entity that ASSEMBLED the parts, and AAM is the entity that manufactured the parts. I would never come even close to the rating of the manufacturer, especially because the tire rating is about 6500 lbs... which is the number that the assembler (Ram) put on the axle.
#2 My Ram is rated for 17000 lbs towing, or over 25,000 GCWR. That means that Ram, the assembler, has tested and approved this vehicle to be able to work in conjunction with approved trailer brakes, to stop 25,000 lbs moving down the highway. If I am under that 25,000 GCWR, the plaintiff would have to prove that being over payload, but under GCWR, was sufficient to overwhelm the OEM braking system.
#3 There are SO many other variables to collisions other than weight.
Do you know the the speed limit is the maximum allowable speed in optimum conditions? What if it was starting to get dark outside... now its not optimal conditions and you can no longer travel at the posted speed limit.
How about your reaction time? Your reaction time has far more input on your ability to stop than being 500 lbs over your weight rating. Do you have a cell phone or aftermarket GPS in the car, anything not OEM? Those things weren't put their by the manufacturer and could be a distraction. I would rate that as closer to 99% being a cause...
How about the condition of your tires? What if you hydroplaned because your tires are low on tread (but still within the specs of the tire manufacturer)?
What about your brakes? Your brakes are only at optimal performance if they are the proper temperature. If you have been riding your brakes coming down a hill they are too high and likely to fade. If you haven't hit your brakes in the last 20 minutes and they are cold they won't have the maximum gripping power. How much friction material is on your pads? Any vibration or pulsing? If so, they aren't within OEM spec either. As someone mentioned already, are your brake pads EXACT replacements, or are they aftermarket? How about your rotors?
What about your exhaust brake? Was it on full braking force or automatic? Did you have tow/haul on or not? Tow/haul can cause the truck to downshift quicker, resulting in better exhaust and compressive braking.
When did you last bleed and refill your brake fluid? Hope it was within the past 2 years and you have recent test strips showing that your brake fluid was within OEM specs.
We can go on and on. Civil liability is a never ending can of worms. A civil case depends upon how much money a plaintiff or his attorney is willing to spend, or how much spaghetti they are willing to throw at the wall to see if it sticks. The role of a civil jury is to decide based upon a preponderance of the evidence and make a decision
If you are going 14 mph over the speed limit on bald tires with faulty brakes with no outside mirrors while eating a hamburger and changing the radio station in the rain and you are 1000 lbs under your payload rating... you are likely to be civilly liable for excessive damages. If you are doing only one or two of those things, maybe you aren't liable for excessive damages.
Either way, that is why you have INSURANCE. Your insurance provider would have to incredible burden to refuse to pay a claim. Heck, insurance covers drunk drivers that speed, run red lights, drive on the wrong side of the road and then hit 4 parked cars. Unless the plaintiff is suing for excessive amounts of money and actually wins a ridiculous award over your insured value, you don't have to pay a penny. In order to win a ridiculous civil award, the plaintiff would have to prove gross negligence. 500 lbs over a payload rating, but still under the tire and placard rating is not gross negligence.