ShinerBock wrote:
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.
I call BS.
I call BS as well. And if I were the engineer called in as expert witness I'd have a fun time proving the jury wrong.
Many OEM "specs" are strictly performance or warranty driven. Case in point, if a truck with 4.10 has a higher GVW or tow rating, then it's a performance or power train related spec. If a brake hose failed and caused an accident, then it's completely unrelated to the rear end ratio.
On the other hand, if a brake overheated causing an accident, and the operator is over GAWR, then he very well could be at fault. Because braking capacity is included in axle rating.
If you want to play this game, any part you choose that deviates from OEM could invalidate your GAWR, and put you at fault. If OEM specified a semi metallic pad with "FF" friction code, and you slapped on Wagner Thermo-Quiets with "EE" rated ceramics, then an OEM engineer could argue your GAWR is invalid, and therefore you're at fault if your brakes overheated causing an accident.
See where this goes? If you follow the rules to the letter, you better sit at home on your couch and not go anywhere.
