Towing capacity vs max cargo weight rating

RoyJ wrote:
If I'm the expert witness engineer, first thing I'd check is: does the 3500 SRW truck have the same rear brake caliper, rotor, and pads. If so, then braking is not an issue (provided toy hauler is within 3500 SRW limit). Trailer brakes remain constant. So obviously braking power is not the cause of the accident.

Here is the rub... the petitioner will argue that its over the limit, its up to the respondent to explain why its ridiculous. Now, most attorney's in civil lawsuits will take a suit based upon collecting fees as a percentage of the settlement. Those attorney's aren't going to waste much time and energy on a frivolous lawsuit that doesn't stand a good chance of winning. Other attorney's will charge set fees and take any case to trial that you want, regardless of whether or not you win. Those are the guys that will take frivolous arguments.

I will never exceed my axle ratings as rated by Ram. My AAM rear axle is rated for 10,120 lbs by AAM, but derated to 6500 lbs as an assembly by Ram. Then because its a Class 2B truck, it's derated by regulation to essentially 5000 lbs. My front axle is rated 6000 lbs by Ram, then because its a Class 2B its derated to essentially 5000 lbs.

You can sue me because my truck weighed 11,000 lbs and claim its "overloaded" according to regulation. I can easily argue that Ram rates my truck to hold 12,500 lbs, and it was not overloaded, it was simply under-registered. Now the petitioner has the burden of proof to show that being over my "sticker" weight and under my manufacturer ratings was overloaded. To make your argument even weaker, in Maryland I can pay to register my 10,000 GVWR truck at a higher rate, thus making it a 12,500 GVWR truck... perfectly legal to drive down the highway.