Towing Advice

Hannibal wrote:

buck n duck wrote:

wing_zealot wrote:
There is no law regarding towing overweight for a non-commercial vehicle.
If you are involved in an accident and it's your fault your Probably going to be sued Whether your overweight or not. That's why you buy insurance.

What happens when your insurance agency finds out your were over your ratings? Do they still have to cover you?

Insurance will not pay anything for you in small claims court due to negligence.

Same thing that happens if you run a red light or were speeding or intoxicated and you cause an accident. These are violation of written law.
What if your tires are worn and you hydroplane or your shocks are worn and you lose control in a bouncy curve? Tie rod breaks, brakes fail, bee flies in the window and you freak out. You swerve to avoid a squirrel and crash. These are not law but could be attributed to negligence. Insurance pays.
Any exclusions will be listed in your insurance contract. Usually acts of war, damage due to racing or intentional damage is not covered.

I am with Hannibal.

I always love to hear the people say we'll the insurance won't pay! Sure they will, they have to, it's part of the contract. They may/will drop you afterwards, but they will pay.

buck n duck wrote:

wing_zealot wrote:
There is no law regarding towing overweight for a non-commercial vehicle.
If you are involved in an accident and it's your fault your Probably going to be sued Whether your overweight or not. That's why you buy insurance.

What happens when your insurance agency finds out your were over your ratings? Do they still have to cover you?

Insurance will not pay anything for you in small claims court due to negligence.

Same thing that happens if you run a red light or were speeding or intoxicated and you cause an accident. These are violation of written law.
What if your tires are worn and you hydroplane or your shocks are worn and you lose control in a bouncy curve? Tie rod breaks, brakes fail, bee flies in the window and you freak out. You swerve to avoid a squirrel and crash. These are not law but could be attributed to negligence. Insurance pays.
Any exclusions will be listed in your insurance contract. Usually acts of war, damage due to racing or intentional damage is not covered.

wing_zealot wrote:
There is no law regarding towing overweight for a non-commercial vehicle.
If you are involved in an accident and it's your fault your Probably going to be sued Whether your overweight or not. That's why you buy insurance.

What happens when your insurance agency finds out your were over your ratings? Do they still have to cover you?

Insurance will not pay anything for you in small claims court due to negligence.

Hannibal wrote:
The second article state that tow ratings are like speed limits. Here's the Florida Statute concerning speed limits. It's the law. Can you post a link to any statute concerning manufacturer's tow ratings for private owners? Manufacturer's don't write law. You won't find it.
My truck is rated to tow 9700 lbs with it's 5.4L gas V8 and 3.73 ratio. This is a performance issue, not a safety or legal issue. If I tow a trailer that exceed that rating, what written law statute have I broken. The same truck with diesel is rated to tow thousands more. Aside from performance, what's the difference. I might exceed my tow rating down here in mostly flat Florida and not notice the difference. I'd still be well within the tow rating of the duplicate diesel powered truck so brakes, suspension and handling will be the same. What statute dictates I cannot do this?
If you cause an accident, you're at fault and subject to lawsuit regardless if you're over or under you manufacturer's weight ratings.

Exactly ;)

I would have expected better from Truck Trend Magazine :(

buck n duck wrote:
http://www.hardworkingtrucks.com/improperly-equipped-pickups-costing-businesses-millions-in-lawsuits/

http://www.trucktrend.com/how-to/expert-advice/1703-tow-ratings-and-the-law-discussing-limits-of-trailer-size/

The second article state that tow ratings are like speed limits. Here's the Florida Statute concerning speed limits. It's the law. Can you post a link to any statute concerning manufacturer's tow ratings for private owners? Manufacturer's don't write law. You won't find it.
My truck is rated to tow 9700 lbs with it's 5.4L gas V8 and 3.73 ratio. This is a performance issue, not a safety or legal issue. If I tow a trailer that exceed that rating, what written law statute have I broken. The same truck with diesel is rated to tow thousands more. Aside from performance, what's the difference. I might exceed my tow rating down here in mostly flat Florida and not notice the difference. I'd still be well within the tow rating of the duplicate diesel powered truck so brakes, suspension and handling will be the same. What statute dictates I cannot do this?
If you cause an accident, you're at fault and subject to lawsuit regardless if you're over or under you manufacturer's weight ratings.

There is no law regarding towing overweight for a non-commercial vehicle.
If you are involved in an accident and it's your fault your Probably going to be sued Whether your overweight or not. That's why you buy insurance.

drsteve wrote:
The money quote from the Truck Trend article:

When it comes to negligence or the failure of the driver’s “duty to tow only that which the vehicle is designed to tow,” Dean and other attorneys we spoke with about this issue agree: If there’s an accident and the towing vehicle isn’t properly configured for the trailered weight, the injured person or persons will probably win any ensuing lawsuit.

Read carefully...

Dean and other attorneys we spoke with about this issue agree: If there’s an accident and the towing vehicle isn’t properly configured for the trailered weight

Carefully crafted legal-ease to avoid tying to "tow ratings"

For example:

A vehicle with a tow rating of 5k is supplied by the Mfr with "P-rated" tires. Owner upgrades to LT tires of a higher rating and tows within hitch and axle ratings but exceeds the Mfr sticker tow rating.

Is it "properly equipped" ? Probably. It is industry practice to supply SUVs in particular, but also many trucks with lower weight rated (softer) tires for a softer, "fake" ride. Driver wins this suit easily.

I do believe if you are going to haul heavy, you should properly equip your tow vehicle and trailer and learn/train/practice how to safely and properly inspect, repair, and operate the vehicle with the load.

But I don't believe either of those articles are the "smoking gun" of the weight police ;)

BTW, the Truck Trend article is very poorly written. Comparing "properly equipped" tow vehicle with a speed limit? One varies based upon the vehicle, but the speed limit does not. You cannot add higher rated tires and you get to drive 100mph in a posted 55mph zone.

And this statement: "Towing more weight than the vehicle manufacturer recommends (per the owner’s manual or manufacturer’s towing-related websites)...{snip} is considered towing with an improperly equipped vehicle. "

Not an absolute, certainly not established case law. If they said "could be considered" or "along with other factors" or "in some cases" but making it as a broad sweeping statement of fact is unsubstantiated and (IMHO) irresponsible.

Then there would be the causal relationship. Did the "improperly equipped" portion CAUSE or CONTRIBUTE SUBSTANTIALLY to the accident? In some cases, probably. In others, no.

For instance, if an "overloaded" combination couldn't stop and hit a car that ran a red light in front of the towing driver, and it is (quite easily) determined that even if towing within or below the ratings would not have been enough to prevent the accident or severity thereof, it would be an irrelevant factor.

Certainly not the 'case deciding fact for an automatic win' as Truck Trend seems to imply.

Be safe, but don't be alarmist. It's like 'crying wolf' and often has the OPPOSITE effect ;)

PS- What about tire pressure? Low tires will get you a multi-million dollar judgement? "Improperly Equipped" per the door sticker, right?

buck n duck wrote:
http://www.hardworkingtrucks.com/improperly-equipped-pickups-costing-businesses-millions-in-lawsuits/

I didn't find any correlation of any of the mentioned cases in this article with towing RVs.

The closest items was an overloaded towing SUV that was towing a boat and trailer over 60% above the HITCH rating...in a COMMERCIAL situation.

The other cases involved improper loading, unsecured loads, etc. of COMMERCIAL entities. More of a "failure to train employees" issue IMHO.

One was improper tires for the overload and the trailer came loose.

None relevant, except for a few buzz words in common.

buck n duck wrote:
http://www.hardworkingtrucks.com/improperly-equipped-pickups-costing-businesses-millions-in-lawsuits/

http://www.trucktrend.com/how-to/expert-advice/1703-tow-ratings-and-the-law-discussing-limits-of-trailer-size/

The money quote from the Truck Trend article:

When it comes to negligence or the failure of the driver’s “duty to tow only that which the vehicle is designed to tow,” Dean and other attorneys we spoke with about this issue agree: If there’s an accident and the towing vehicle isn’t properly configured for the trailered weight, the injured person or persons will probably win any ensuing lawsuit.

http://www.hardworkingtrucks.com/improperly-equipped-pickups-costing-businesses-millions-in-lawsuits/

http://www.trucktrend.com/how-to/expert-advice/1703-tow-ratings-and-the-law-discussing-limits-of-trailer-size/