Forum Discussion
blt2ski
Jan 11, 2021Moderator
Lantley wrote:nickthehunter wrote:Lantley wrote:Once that truck or trailer leaves the scene of the accident the lawyer loses all ability to prove anything.
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The definition of legal weight will be decided in civil court if there is a suit. The opposing lawyer will attempt to show negligence anyway possible. If the lawyers can establish one where exceeding any of the manufacturers ratings it will give them data and ammunition to use against someone.
Now I don't believe this data is routinely presented in court because for the most part the hard data is not available.
However I'm not naïve enough to believe over ratings data is never presented in civil court.
Civil court is not traffic court. Civil court is not deciding if you get a ticket. Civil court decides on negligence and the law suit portion of a case. In a case involving loss of life there are often two trials!
That really depends on the truck and what it was carrying/towing.
I don't think any blanket statements apply.
Being as blanket statements do not apply, there is the legal limit vs civil weight limits too! legal generally speaking needs to be black and white, vs civil can have gray area's and still prove guilt.
Just because you are over manufacture limits, does not mean you will lose in civil court. There is one person that was over his manufacture limits, killed someone, and got money from other side sueing him, as it was the dead persons fault he was killed in the accident. But problem here is, as some of us know and have found out. The insurance may pay out a smaller amount, as this is cheaper than go to trial. So you look guilty, even tho you did not get any legal tickets fines etc.
Marty
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