PA12DRVR wrote:
I always find it interesting how many people are quick to jump up and say that any number of things (i.e. being over ratings) will or will not have any bearing in a lawsuit....and although obviously we all represent any number of things on the internet, I'd have to estimate that people making these pronouncements haven't spent much time on either side of the bar litigating an insurance claim.
Why don't we hear about lawsuits for over GVWR or "the Fridge was on!" or....?
To set context, for every late night ambulance chasing advertiser ("Turn this wreck into a CHECK!") there are at least three attorneys who practice insurance defense....but they aren't out on TV advertising how they've turned a CHECK into a check. Furthermore, civil negligence suits typically don't rise to the level of publicity because: a) it is in the interest of both sides to settle rather than expose their client's case to the vagaries of the jury system, so there's nothing to report; b) even if the case is not settled, many (not all, but many) trial court decisions go unreported; and c) even those that go to trial and/or get reported may very well have a protective order that limits publication of the salient issues.
There's one theory of how to try a plaintiff's case in civil negligence that can be summed up as "Throw all the s*** against the wall and see what sticks". Were I representing a plaintiff in a negligence action and there was any indication of an overweight (yes, over any rating put forth by the manufacturer), it would be pretty poor representation not to allege that as a contributing factor.
As you note, in a civil case, anything can go for the most part. From a legal standpoint, ie if you are a prosecutor or CVEO?LRO in the field, the law is pretty black and white. The what is is not overweight here in Wa st is pretty simple, what is required to be licesed etc is what it is. I can be sued for civil negligence UNDER all manufactures ratings and lose. Another poster on here was sued for being overweight for killing a person. At the end of the day, the attorny, plaintives family and insurance company had to pay for the posters attorneys fees. Why? at the end of the day, the dead person pulled out in front of the posters truck that was at manufactures gvw, trailer weighed what the gcwr of the rig was supposed to be per Dodge. Dead person was T-boned, poster did not have time to stop no matter how it was loaded, an empty vw bug from the 60's would not have had time to stop, those are pretty light. He would have been killed by said bug or at least hurt really bad!!
Attorney for defendent found plenty of case law to show manufactures ratings are not legal ratings, only performance ratings. This was also stated by some CVEO's that have taught class's I have taken from a what I have to follow, do etc when pulling with light duty to medium duty trucks to 26K lbs. At least here in the State of Washington. manufactures ratings mean squat from their legal standpoint as far as weight goes. It is are you over the road bed designed PSI load ratings, and or above your paid for license. BUT, with this said, if my rig is unsafe or equal, they ie a cveo or leo WILL get me off the road! Being overweight is not going to be the issue. That other infraction will hurt me driving record, $$$ etc more than being over weight.
Marty
