Good Sam Club Open Roads Forum: Towing capacity vs max cargo weight rating
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 > Towing capacity vs max cargo weight rating

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JIMNLIN

Oklahoma

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Posted: 01/11/21 07:25pm Link  |  Quote  |  Print  |  Notify Moderator

Lantley wrote:

If you somehow want me to believe "haulers" are exempt from civil suits when there is an accident, I don't agree.
I guess haulers don't need liability insurance either.

No where have I ever said haulers were exempt from civil lawsuits. Let me refresh for you what I said...
Quote; "On haulers websites using the same size trailers and tow trucks we don't face civil lawsuits scenario/overweight tickets if were over the vehicle mfg GVWR".

JFYI... we (commercial side) can face a civil/injury lawsuit caused by a overloaded truck or trailer is if we were over a steer...drive ...or trailer axle/tire load rating...or over our declared gross combined weight (GCW) (trucks and trailer) operating weight.

Commercial insurance for these size trucks/trailers start around 10k bucks.


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ronharmless

The far side

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Posted: 01/12/21 05:05am Link  |  Quote  |  Print  |  Notify Moderator

Lantley wrote:

nickthehunter wrote:

nickthehunter wrote:

Lantley wrote:

nickthehunter wrote:

Lantley wrote:

....
The definition of legal weight will be decided in civil court if there is a suit. The opposing lawyer will attempt to show negligence anyway possible. If the lawyers can establish one where exceeding any of the manufacturers ratings it will give them data and ammunition to use against someone.
Now I don't believe this data is routinely presented in court because for the most part the hard data is not available.
However I'm not naïve enough to believe over ratings data is never presented in civil court.
Civil court is not traffic court. Civil court is not deciding if you get a ticket. Civil court decides on negligence and the law suit portion of a case. In a case involving loss of life there are often two trials!
Once that truck or trailer leaves the scene of the accident the lawyer loses all ability to prove anything.

That really depends on the truck and what it was carrying/towing.
I don't think any blanket statements apply.
Plenty of lawyers on here, go ahead, provide a link to an actual court case, prove my "blanket" statement is wrong.
I know what your saying. Since you would spend forever and still not find one, that would be a giant waste of time,

Your right. There are no injury lawyers looking for cases 24/7.
Those commercials I see are an illusion.
Given a case involving an overloaded vehicle a lawyer would never pursue that angle.
Maybe I should cancel my liability policy, get a smaller truck and fly by the seat of my pants cause a guy on the internet said it doesn't work that way.
Let's get back to the practical instead of the hyperbole. A Lawyer ain't going to sue you for exceeding your GVWR because he can't prove his case. Lacking real numbers from a real scale, all he has is speculation. But if he wants to sue you, he will. He'll sue you for failing to stop in time, running the red light, speeding, whatever he comes up with that has some witnesses or provable facts behind it.

Lantley

Ellicott City, Maryland

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Posted: 01/12/21 07:26am Link  |  Quote  |  Print  |  Notify Moderator

That gets back to what are you towing and with what truck. I see combo's all the time that I know are exceeding their GVW... I don't need to know the actual weights because these vehicles are grossly overloaded based on their GVW.
We all see 3/4 ton trucks towing large toy haulers that exceed their GVW.
You don't need to be a rocket scientist to notice a truck exceeding their GVW.
I understand they may not be exceeding their axle and tire ratings but they are still exceeding their GVW as stated by the manufacturer.
I understand they maybe legal by DOT standards, nevertheless if they are exceeding their GVW they are an easy target in civil court should an accident occur.
I'm not even saying I agree that it is right or fair that our court system works that way. We have become a suit happy society with ambulance chasing lawyers that love cases where they can proclaim some sort of negligence.
Criminal court and civil court are very different and operate on very different standards.
Google overloaded trucks and see what you get!


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nickthehunter

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Posted: 01/12/21 08:16am Link  |  Quote  |  Print  |  Notify Moderator

If they're an "easy target", it should be equally as easy to find a case to prove me wrong.
Unless they got pictures, they can't even prove what trailer I was pulling, let alone how the truck or trailer was loaded.

TomG2

Central Illinois

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Posted: 01/12/21 08:58am Link  |  Quote  |  Print  |  Notify Moderator

To quote Perry Mason, "There is what is legal and there is what is right". All the legal bs will not undo damage caused by overloaded or improperly operated machinery. The hitch pin that I use is "rated" to tow 20,000 pounds. Is that my rating? That is what the rear axle rating folks are doing when they hang their hat on one component's capacity rather than the "Gross" or total rating assigned by the manufacturer.

Grit dog

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Posted: 01/12/21 09:10am Link  |  Quote  |  Print  |  Notify Moderator

^ Bingo.


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blt2ski

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Posted: 01/12/21 12:12pm Link  |  Quote  |  Print  |  Notify Moderator

I have yet to get an over weight ticket towing/hauling commercially. Including the time my manufacture 18200 gvwr IHC was at 27,xxx lbs. Yes I was over paid for registration of 26000. But I was under allowed axle wight limits by around 1000 lbs per axle. I was given a 10 day up registration to 28000. All of $12.50 iirc. Even if I would have been ticketed, it's a non moving violation, does not go on driving record, etc etc.
What hurt was the pea gravel falling on the road under barn doors of flat bed. That was $200. THAT went on driving insurance record.
There are drivers that daily depending upon where they drive, state etc follows the federal bridge laws, that get fined. They pay the fine tax for how bad they are damaging the roadbed, continue on there way! THAT is what wieght laws pay for, and make sure you are following the engineer spec for a point load on the road bed. Be it on solid ground, or a bridge. The BRIDGE in that law refers to you spreading the load on the road, do you are not overly damaging it.
LEO, and CVEO peeps do not care if your over the performance ratings of our trucks. They enforce the design limits of the road bed. Have been doing so since the early to mid 1800's. There is lots of citations that show how etc weights are enforced. NOT ONE refers to manufactured ratings.
Remember this the next time you see an overloaded per manufacture rating. There are laws etc to get those peeps off the road, wieght will probably not be one of them.

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Lantley

Ellicott City, Maryland

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Posted: 01/12/21 04:40pm Link  |  Quote  |  Print  |  Notify Moderator

nickthehunter wrote:

If they're an "easy target", it should be equally as easy to find a case to prove me wrong.
Unless they got pictures, they can't even prove what trailer I was pulling, let alone how the truck or trailer was loaded.

[emoticon] That comment is so ridiculous it not even worthy of a reply.

We don't need know stinking pictures...LOL
Can we agree this is 2021? Everyone and his brother travels with a phone capable of taking pictures.
In todays world we don't need an accident to take pictures. Some of us just take pictures of ourselves in the form of selfies. Have an accident there will be no shortage of pictures.
For the record there will be a police report with vin numbers and all that mumbo jumbo. Someone with an interest to make money will turn those vin numbers into weights and ratings.

nickthehunter

Southgate, MI

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Posted: 01/12/21 06:12pm Link  |  Quote  |  Print  |  Notify Moderator

Lantley wrote:

nickthehunter wrote:

If they're an "easy target", it should be equally as easy to find a case to prove me wrong.
Unless they got pictures, they can't even prove what trailer I was pulling, let alone how the truck or trailer was loaded.

[emoticon] That comment is so ridiculous it not even worthy of a reply.

We don't need know stinking pictures...LOL
Can we agree this is 2021? Everyone and his brother travels with a phone capable of taking pictures.
In todays world we don't need an accident to take pictures. Some of us just take pictures of ourselves in the form of selfies. Have an accident there will be no shortage of pictures.
For the record there will be a police report with vin numbers and all that mumbo jumbo. Someone with an interest to make money will turn those vin numbers into weights and ratings.
Yup it’s all so easy. Pictures, police reports, weights and ratings.
Just one little inconvenient truth, you can’t come up with even one case to prove me wrong.
What a conundrum for something so easy it must be done every day.

Lantley

Ellicott City, Maryland

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Posted: 01/12/21 06:16pm Link  |  Quote  |  Print  |  Notify Moderator

nickthehunter wrote:

Lantley wrote:

nickthehunter wrote:

If they're an "easy target", it should be equally as easy to find a case to prove me wrong.
Unless they got pictures, they can't even prove what trailer I was pulling, let alone how the truck or trailer was loaded.

[emoticon] That comment is so ridiculous it not even worthy of a reply.

We don't need know stinking pictures...LOL
Can we agree this is 2021? Everyone and his brother travels with a phone capable of taking pictures.
In todays world we don't need an accident to take pictures. Some of us just take pictures of ourselves in the form of selfies. Have an accident there will be no shortage of pictures.
For the record there will be a police report with vin numbers and all that mumbo jumbo. Someone with an interest to make money will turn those vin numbers into weights and ratings.
Yup it’s all so easy. Pictures, police reports, weights and ratings.
Just one little inconvenient truth, you can’t come up with even one case to prove me wrong.
What a conundrum for something so easy it must be done every day.

Did you google over weight trucks? It will give you all kinds of proof!

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