Forum Discussion
- hotpepperkidExplorer
Terryallan wrote:
Campfire Time wrote:
There is another issue here that is often overlooked. Civil liability. We live in a highly litigious society. It's why we all have to carry umbrella policies. Should you get into an injury or death related accident, even if not your fault, if it's discovered that you were towing weight over the manufacturer's set limits, you are setting yourself up to be sued. Yes your insurance will cover you. Then drop you like a hot potato and put you on a blacklist.
And that NEVER happens. First the trailer in question would have to be weighed at the scene to prove it was over weight. Not a good way to do that. Second. manufacturer's weight ratings are NOT law. they are warranty limits only. Auto makers do not write law.
And as has been asked on this site a million times. Give a real world example of someone being sued because their TT was too heavy. There are none.
And My brother's wife's brother's friend had a friend that had a friend that knew a guy who had a brother who knew a guy who got sued. That don't count. Has to be first hand knowledge
Yea but the storys for Your brother's wife's brother's grandfather who had 3 kids and the youngest grandchild said: those are very interesting storys. - tatestExplorer IIThose ratings don't have much to do with "legal" unless the place where you are licensing the vehicles collects taxes on the basis of weight, in which case you might get a license violation for carrying more than you paid to carry.
Triker33 said "if it has registration plates on it." That varies also, since Oklahoma does not require registration of trailers for private use. I suspect New York, however, wants you to register it and pay an annual fee or tax. In that case, if the tax is based on registered weight, then it is not legal in New York to exceed that weight. - carringbExplorer
gtnsmlr wrote:
Well, that does raise a question. Just how do you weigh an RV that is on it's side in pieces with it's contents scattered a 1/2 mile down the road?
Easy. Scoop it all up with a front end loader, put it in a truck or dumpster, weigh it, subtract tare weight. It's not rocket surgery. Even our sweeper at work has a built-in scales, if the debris were really that scattered. - BenKExplorerDepends on the severity of the accident. In dollars damage, major injury to death(s)
That then is split between criminal and civil
I don't like to use lawyers, but there is a time, place and need for them
It will cost to get to the approx weight range and why think depends...like the
reconstruction of an airplane blown out of the sky, or just that a plane fell
out of the sky...that kind of stuff see on the news all the time where they have
reconstructed the vehicle
Can get a good idea of what it was before...base line would be the OEM brochure
listed 'dry' weight and then go from there - gtnsmlrExplorer
rockhillmanor wrote:
And that NEVER happens. First the trailer in question would have to be weighed at the scene to prove it was over weight. Not a good way to do that.
Ohh but they CAN and DO!
I have seen DOT pull out their portable scales time and time again right in front of my house, when some of the big trucks decided to use our street to skirt the interstate scales.
Portable and can weigh the big boys so my guess is that they can easily weigh a TT if called in to do so.
Well, that does raise a question. Just how do you weigh an RV that is on it's side in pieces with it's contents scattered a 1/2 mile down the road? - atreisExplorerSo long as you are not exceeding any axle or tire rating, it is legal to tow the trailer in both cases. Whether or not it's safe depends primarily on how it's loaded and hooked up. (Improperly hooked up or loaded, the empty trailer could be just as unsafe as the full one.)
The only legally enforceable weight ratings are axle and tire ratings.debraindi wrote:
So If somebody rams my rv from behind and and I'm 50 bls over my insurance company could say I was over loaded because my rv didn't stop in time, like the soso where replaying to.
If you are rammed from behind, the problem isn't that YOU didn't stop in time - it's that they didn't stop in time. Also, rear-end accidents are the fault of the person doing the rear-ending, by convention, unless there's documented evidence of something odd happening (like non-functional brake lights - hard to prove after the accident).
If you're overloaded and don't stop in time, you'll still likely only get charged with "failure to assure a safe clear distance". (In other words - you need to know how long it takes you to stop and make sure you have that much room.) Trucks, trailers, brake systems, vary considerably - a trailer combination well within margins can require more distance to stop than one that is many lbs over if the latter happened to have better brakes or the TV had better brakes (better adjusted, newer, stronger, whatever...). - BenKExplorer
chracatoa wrote:
This type of thread comes up every time here. I don't remember a single web link to a real accident where the driver was prosecuted or sued due to his/her RV weight. The links in this thread are for trucks and the scale mentioned was also for trucks (they don't want them destroying the local roads).
Most civil, both settled out of court and court decisions, has NDA's
Especially OEM's, who settle out of court because it is cheaper...bad PR
and of course tight NDA's with teeth... - BedlamModerator
naturist wrote:
Many, many things are legal and stupid. Many good ideas are also illegal. Wisdom counsels avoid both illegal and stupid.
Then you have regional laws that conflict with each other. Examples: Maximum length, width or height, Maximum trailer weight with no brakes, Double towing, Double towing behind a hitch ball trailer, vehicles register by Manufacturer GVWR or some other method, ... - chracatoaExplorerThis type of thread comes up every time here. I don't remember a single web link to a real accident where the driver was prosecuted or sued due to his/her RV weight. The links in this thread are for trucks and the scale mentioned was also for trucks (they don't want them destroying the local roads).
- mkirschNomad II
debraindi wrote:
So If somebody rams my rv from behind and and I'm 50 bls over my insurance company could say I was over loaded because my rv didn't stop in time, like the soso where replaying to.
No, because your RV's contents would be splattered all over the road and there would be no way to weigh it accurately.
Also no, because the person that rear-ends you is the one at fault.
Why would "didn't stop in time" have anything to do with a REAR END collision anyway? If you stopped sooner, they would've rear-ended you harder!
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