About to get roasted for asking this so here goes
12-23-2017, 09:40 AM
#21
Senile member
Civil litigation is not criminal litigation. It is the preponderance of evidence, not 100% guilt or not guilt.
And a lawyer can allege whatever he wants. They throw 'poo' on the wall just to see what sticks and what doesn't. He can allege the trailer was overweight resulting in a loss of control, etc....and it becomes the defendant's burden of proof to show it WASN'T overweight.
It's a flawed system in dire need of reform, no doubt.
12-23-2017, 10:04 AM
#22
Senior Member
I'll give you the benefit of the doubt here, but let me give you a little hint.
Civil litigation is not criminal litigation. It is the preponderance of evidence, not 100% guilt or not guilt.
And a lawyer can allege whatever he wants. They throw 'poo' on the wall just to see what sticks and what doesn't. He can allege the trailer was overweight resulting in a loss of control, etc....and it becomes the defendant's burden of proof to show it WASN'T overweight.
It's a flawed system in dire need of reform, no doubt.
Civil litigation is not criminal litigation. It is the preponderance of evidence, not 100% guilt or not guilt.
And a lawyer can allege whatever he wants. They throw 'poo' on the wall just to see what sticks and what doesn't. He can allege the trailer was overweight resulting in a loss of control, etc....and it becomes the defendant's burden of proof to show it WASN'T overweight.
It's a flawed system in dire need of reform, no doubt.
Insurance companies = civil suit
Family injured killed = civil suit
12-23-2017, 04:10 PM
#23
Back to grossly overweight. A few hundred pounds over? Just don't see it. If that were the case the lawsuits and criminal cases would be very well known and published, especially for older trucks. Instead we have little more than internet folklore and chatter on social media. There is hardly a powerboat on the market that my 01 screw could tow legally by the numbers. In fact, the wife and I ran the actual numbers last week and my ALUMINUM 10' single axle and lawn mower put the truck over. The recovery gear and shell eat almost 100% of the payload. Add me and it's ok, but add the 120lb wife and its over.
Every day on I-10 through Arizona you see heavily loaded small trucks towing another heavily loaded small truck. With the Highway Patrol out in force they let them pass all day every day. So am right back to where are all the criminal cases and lawsuits for the many hundreds (maybe thousands) of accidents with trailers every year. Or are we saying that running overloaded is rare?
EDIT: I try to tow safely and even try to stay within truck ratings when possible, but I call BS on this entire forum and their alarmist over the top attitude regarding truck weight ratings. Go ahead, pile on.
Every day on I-10 through Arizona you see heavily loaded small trucks towing another heavily loaded small truck. With the Highway Patrol out in force they let them pass all day every day. So am right back to where are all the criminal cases and lawsuits for the many hundreds (maybe thousands) of accidents with trailers every year. Or are we saying that running overloaded is rare?
EDIT: I try to tow safely and even try to stay within truck ratings when possible, but I call BS on this entire forum and their alarmist over the top attitude regarding truck weight ratings. Go ahead, pile on.
As pointed out above, CIVIL cases, not Criminal cases. Regardless if there was criminal negligence or not, when a crash occurs that causes injury or death, the police will investigate, and one of the things they investigate is if the truck and trailer were properly setup, and within the ratings of the tow vehicle and trailer. They wont write up any tickets like what would happen with a commercial truck, but they have to do it for the records as being a possible cause of the crash, or had an effect of any sort in not being able to avoid the crash.
Civil cases rarely make the news and rarely are reported in a searchable manner. There are some out there if you want to spend a few days looking for them. But the fact remains, if the vehicles in question exceeded any ratings, then a lawyer can grab onto that and make the defendant prove otherwise.
lets put it another way, some bozo hooks up a 27' travel trailer and doesn't use a WDH, and crashes into my wife's car while she is on the way home with my kids and she gets hurt. You had better believe that I will be going after that driver for having an unsafe vehicle. regardless of the actual cause of the crash, the fact he was driving an unsafe setup puts him square in the bullseye.
There are NEVER accidents involving vehicles, they are always crashes and someone is always at fault, regardless of the circumstances as someone did something to cause it. You don't accidentally rear end someone, you do accidentally hit the return instead of the shift key though.
12-27-2017, 02:50 PM
#24
Senior Member
What are the effects of going over pin weight/max payload while still being under GCWR?
2015 F150 CCSB Max payload of 1442 and Max tow of 7600. I have a gooseneck that will not weigh more than 6k loaded due to what I’m hauling. Would be going over pin weight by 50-100lbs.
2015 F150 CCSB Max payload of 1442 and Max tow of 7600. I have a gooseneck that will not weigh more than 6k loaded due to what I’m hauling. Would be going over pin weight by 50-100lbs.
2. If your only over by a couple hundred pounds, move your spare, tools or anything else to the back of the trailer.
3. Weigh the rig again to confirm.
4. If your are just estimating weights, you've wasted everyone's time. The majority of drivers always underestimate the weight of their vehicle, trailer and cargo.
5. Once your within the weight limits, keep your scale ticket in the truck and enjoy the trip.
12-27-2017, 02:57 PM
#25
Senior Member
If a trailer is suspected of being over loaded, The trailer and it's contents are loaded into a dump truck, or stacked on a flat bed and the mangled mess is weighed.
Done it.
12-27-2017, 10:59 PM
#26
Careful towing out to Glamis. I've had buddies stopped and weighed by CHP towing their toyhaulers. One got a massive fine (something like $100 for every 1lb over registered GVW). Since most are registered at their GVWR then you have to go by the payload. If your over by 300 pounds then there goes $3k plus fees.
I guess you could register it for a higher GVW but you have to pay higher annual fees.
Be careful this time of year. It's a big money maker for your govt.
I guess you could register it for a higher GVW but you have to pay higher annual fees.
Be careful this time of year. It's a big money maker for your govt.
12-28-2017, 10:38 AM
#27
It can be a huge money maker, lets just hope they don't get that bug to weigh RV's. There are so many people towing without a clue today, and a lot of vacations will be ruined if they did.
Those guys pulled over, were they 1/2 tons, or 3/4+? That makes a difference in that 1/2 ton trucks(unless clearly loaded beyond their means) would be for the most part ignored, but the heavy duty trucks are plated based on GVWR, and would be targets. When I had the Duallie it was registered with B plates, which meant that if I had anything loaded other than an RV or Horse trailer, I could be fined for being over the 8K plate. The truck was 7800 pounds without any load. The plates from the F150 I traded for it were transferred to it. I could tow a 5th wheel RV, but not a gooseneck flatbed.
Those guys pulled over, were they 1/2 tons, or 3/4+? That makes a difference in that 1/2 ton trucks(unless clearly loaded beyond their means) would be for the most part ignored, but the heavy duty trucks are plated based on GVWR, and would be targets. When I had the Duallie it was registered with B plates, which meant that if I had anything loaded other than an RV or Horse trailer, I could be fined for being over the 8K plate. The truck was 7800 pounds without any load. The plates from the F150 I traded for it were transferred to it. I could tow a 5th wheel RV, but not a gooseneck flatbed.
01-06-2018, 02:06 AM
#28
Junior Member
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