Towing wreck - overloaded hitch

[2BLAZERS]

Please people follow the rules and don't run over loaded. First article I've seen like this. Surprised it does not happen as often as this.

http://www.pressdemocrat.com/news/2960844-181/chp-hitch-in-fatal-crash

[azdryheat]

Scary to think of the people on the roadways who haven't done things correctly that endanger the rest of us. We had an incident at our local lake last summer involving a boat trailer coming unhitched and demolishing a toy hauler. Seems the boat owner didn't hook up his safety chains or breakaway cable as he was 'only' towing a couple miles to the boat ramp.

[blt2ski]

GeoBoy wrote:
The bottom line is that a person lost their life, children were injured and will never spend another day with their father!!
Why, it appears that the trailer builder didn't include brakes or safety chains and the person towing the trailer appeared to be negligent.
The driver, trailer builder and owner of the trailer should go to jail!

The requirement for trailer brakes varies from state to state. One can buy a trailer in one state where it is a requirement above say 3500 lbs, go into there state where it is say 1000 lbs, and tow something. So is this really the trailer manufactures issue on something like this?

Safety chains depending upon the design, how installed, could also be removed by the owner buyer for what ever reason. Again, should the trailer manufacture be liable for the owner/operator of the trailers negligence in an issue like this?

"IF" the trailer builder is a corporation, you will not be able to get the "owner(s)" to go to jail, as they are protected a majority of the time for issues like this, same with employee's. The only thing you can get from them is money in a civil suit. The jail time has to come from a legal suit, and legal will not usually go after a manufacture. And even then, since there is more than one building and designing the trailer, hard to pin point the % of who is really at fault. See some of BenK's posts in regard to the suits he has had to deal with.

Then you have the trailer hitch manufacture, as one of my hitches says, 5000 lbs limit, EXCEPT as used to tow a mobil home, then it is 15K or 20K lbs of trailer! Probably because it will be a one or two time useage vs potentially daily!

Many ways to answer the original issue, who is at fault etc. Same with the licensing issue, is it the door plate? or the paid for license? or some combo of both?

Marty

[GeoBoy]

The bottom line is that a person lost their life, children were injured and will never spend another day with their father!!
Why, it appears that the trailer builder didn't include brakes or safety chains and the person towing the trailer appeared to be negligent.
The driver, trailer builder and owner of the trailer should go to jail!

[mowermech]

Has there ever been a "certified" home built trailer?
If so, who "certified" it, and to what standards?
Most of them around here are built out of the back half of an old pickup (my last one said "INTERNATIONAL" on the tailgate). Bend the frame rails together, weld in a tongue, install a 1 7/8 or 2 inch hitch, wire the lights, and it is a trailer. There are a LOT of them hauling firewood, hay, and whatever else. Very few (if any) have surge brakes installed. I have never seen one with electric brakes. If the GVW is kept under 3000 lbs., brakes are not required anyway. If brakes are not installed, a breakaway braking system obviously can not be installed, either. Safety chains or cables ARE required.
The first trailer ever built was a "home built" unit (undoubtedly "uncertified"), and they have been available ever since. In reality, I doubt that there have been any more accidents involving a homebuilt trailer than with factory built fully engineered and certified units.
I know of one such accident involving a fatality on the freeway near here. It was a fully CERTIFIED factory built flatbed trailer, BUT the 2 inch hitch was on a 1 7/8 inch ball, the safety chains were not hooked up, the brakes were not functioning, and there was no breakaway system installed (the system hadn't been invented when the trailer was built).
The point is, NO "certification" will ever offset operator stupidity. Neither will any law!

[JIMNLIN]

Even if the pizza oven carrier had been a commercial van and trailer combo the van driver can still face civil lawsuits if that was the case.

Now having said that the combo in question would have never passed a new entrant audit or a vehicle safety test for commercial vehicles.

Home made trailer with no certification...
No brakes....
No brake away safety system....
Plus other defects CHIP came up with...

Chip is focused on the trailer/hitch and unsafe accessories for a safe tow with no concern of the towing vehicle.

[MM49]

rhagfo wrote:

MM49 wrote:
This discussion should focus on commercial use VS. private use.
MM49

Not so much a commercial use VS. private, as proper hitching and brakes!!

Based on the OP, while the hitch weight rating was exceeded, it was the incorrect, inferior or non attachment of the safety chains, and the lack of break away brakes on the trailer.

Commercial use has strict compliance laws. Private use negligence has to be proven, Intent to behave unsafely.
MM49

[rhagfo]

MM49 wrote:
This discussion should focus on commercial use VS. private use.
MM49

Not so much a commercial use VS. private, as proper hitching and brakes!!

Based on the OP, while the hitch weight rating was exceeded, it was the incorrect, inferior or non attachment of the safety chains, and the lack of break away brakes on the trailer.

[MM49]

This discussion should focus on commercial use VS. private use.
MM49

[Community Alumni]

Thanks all for the explanation. Here the state just goes by the GVWR and you pay the same $54 for 6k - 10k or $110 for 10k-18k. We don't have much in the way of weight police down here. They mostly target the commercial guys at the state lines or the ones running back and forth to the rigs in the Eagle Ford Shale.

[mowermech]

My 10K GVW doesn't cost me anything here in Montana.
the truck is more than 11 years old, therefore it has PERMANENT registration. I never have to renew it as long as I own the truck. The GVW is also permanent.
Of course, that permanent registration cost me $253!

[JIMNLIN]

Maybe I'm misunderstanding this, but how do you register vehicle with a higher GVWR than what's on the doorjamb?

Some states require some type of weight number for registration purposes. Some states do not.
In my state we have no weight numbers to register our private use trucks at nor can we. We simple carry weight up to the lessor of the individual axle/tire/wheel load ratings.

The thread about the smart car on top of the truck while pulling a 5th wheel trailer is a good example. As long as the truck doesn't exceed the lessor of truck makers front or rear axle/wheel/tire load rating I'm good to go. Registered GVW means nothing on a private use truck ( the size in question) in my state.




'

[blt2ski]

hawkeye-08 wrote:

proxim2020 wrote:

mowermech wrote:
Please keep in mind that the sticker has the ratings for a certain size/type of tire and stock springs.
Many of us throw the P rated tires from our half ton pickups away and replace them with LT Load Range C, D, or even E tires. Some of us also install "overload" springs of one kind or another.
The ratings on the sticker are no longer valid, because the truck is not equipped as shown.
Therefore, the REGISTERED GVW limitation applies.

Maybe I'm misunderstanding this, but how do you register vehicle with a higher GVWR than what's on the doorjamb?

You can register a pickup for the weight you want to carry (different than what mfgr supports and labels). The default in Washington state is double the empty weight, rounded up to nearest ton. For example, if your truck weighs 6200lbs, then 2*6200 is 12400, which gets rounded up to 14,000lbs. You are legal to carry that much. It does not mean that it is safe to do so, that is up to the owner. Of course the warranty on the truck is another matter. I am sure there are limits, but they will take your money every year for registration. My brother has a 1500 and it had a big number and he pushed back and they lowered it to what his truck could actually carry. Saved him $10-15 per year on tags.

This is a correct but incorrect post. The default is 150% to the next highest ton. So the 6200 take truck would be 9400, raised to 10,000 lbs. BUT the owner can buy a 12k+ plate if they wish, and would be legal to 12k.

On the other hand. My C2500 is good to 8000 lbs, as that is what my plate is good to. I do not get the 8600 on door jam. If i were to pay an additional $10-15 the next time I were to register, then I would be good to 10k. Door sticker be dammed.

I've been pulled over, weighed etc as high as 27200 in my navistar, plate is 26k. No ticket, only q 10 day warning to up plate to 28k. As I still had 1000 lbs per Axel before going over engineers road bed limit. In wa st this is 500 lbs per inch width with singles, 600 with dials. Up to 20k per or 34 k per tandem or axles closer than about 8' IIRC.

Plate registration is a number $$$ game to recoup for damage done from you driving on the road at x lbs. The Leo enforces engineers road bed design liMIT. The manufacture limit is a warranty limit.

Marty

[hawkeye-08]

proxim2020 wrote:

mowermech wrote:
Please keep in mind that the sticker has the ratings for a certain size/type of tire and stock springs.
Many of us throw the P rated tires from our half ton pickups away and replace them with LT Load Range C, D, or even E tires. Some of us also install "overload" springs of one kind or another.
The ratings on the sticker are no longer valid, because the truck is not equipped as shown.
Therefore, the REGISTERED GVW limitation applies.

Maybe I'm misunderstanding this, but how do you register vehicle with a higher GVWR than what's on the doorjamb?

You can register a pickup for the weight you want to carry (different than what mfgr supports and labels). The default in Washington state is double the empty weight, rounded up to nearest ton. For example, if your truck weighs 6200lbs, then 2*6200 is 12400, which gets rounded up to 14,000lbs. You are legal to carry that much. It does not mean that it is safe to do so, that is up to the owner. Of course the warranty on the truck is another matter. I am sure there are limits, but they will take your money every year for registration. My brother has a 1500 and it had a big number and he pushed back and they lowered it to what his truck could actually carry. Saved him $10-15 per year on tags.

[BenK]

In the end it's all about money in this society...most societies...*BUT*
it is how we get to that bottom line that matters...IMHO

We enjoy freedoms few countries allow. Why anyone can pretty much do whatever they
wish...until they take away someone else's freedoms. Why this thread indicates
a DA has filed criminal charges...a life was ended...taken?...and that is where
the courts will be charged to make the determination

That then goes to liability for someone's actions

From the OEM's of all components and systems.

The TV's OEM sold that vehicle with a specification that was spelled out on all
of their contractual documents. From the door labels, to the glove box manual,
to the sales brochures, to the Internet based specifications, ETC...

If the driver/owner of that TV had modified the TV, the TV's OEM is off the
liability hook for those parts/systems/etc affected.

The trailer OEM has a ditto liability and specification tree. If the Owner/driver
made that trailer, then the driver/owner has the liability

If the hookup/setup was not properly done, then the driver has the liability
There are laws dictating "minimum" things to have and do. Like the safety chains
(type, rating, etc) and hooked up *CORRECTLY*. Ditto the breakaway lanyard. ETC

If speed was a contributing factor, then the driver is on the hook for that
part

If the condition of the coupler allowed it to let go of the ball (failed or
worn latch), then the owner and driver are on the hook (liability). As they
should have checked it before moving. Oblique, but germane, is the way the
Anderson WD Hitch System works by placing all/most of the forces on the coupler
latch...that, that latch was never designed to be used that way...

By registering a vehicle above the OME's GVWR and operating that TV above the
OEM's GVWR removes the TV's OEM off the liability hook

The state DMV which accepted the money for a higher registration is NOT on the
liability hook. They just licensed it for whatever GVW (NO "R") and it is up
to the operator to manage that aspect...

To the folks who say that insurance will cover no matter what...read the fine
print. They can walk away and NOT cover if they deem so. Rude awaking for me
in my first suit while in my twenties...my insurance said they 'would' insure
and cover 'me'. As the policy was for my company...they did NOT have to cover
me...the owner. My employees are named to be cover...within certain bounds...