Community Forums

laj · 07-24-2019, 07:59 PM

goes back to my original position, legally based. payload, gvw don’t mean s#%^%#t. even the auto makers can’t agree within themselves. gawr, and tire are the limiting factors, tire and veh. lic. are the only legal issues.

NevadaNick · 07-25-2019, 06:10 AM

My GMC is the same way, sticker on the door post lists a weight that is different than the one in the glove box. Bought the truck new and nothing has been changed.

laj · 07-25-2019, 06:26 AM

yup, i special ordered mine. nothing changed. 763lbs. different between the 2 stickers.

tuffr2 · 07-25-2019, 08:36 AM

I have to disagree...in a legal liability case everything, and I mean everything was in the table. In a liability case where someone was hurt even if you are 10% at fault that is money you or insurance needs to pay.

Injury claim lawyers seem to sue in 500k increments depending on what they think they can get.

I was a juror just a few months ago on an injury case. I can tell you if you are in an accident where someone is hurt you will be sued. If you are towing something that makes it worse. If you are towing overloaded that makes it even more worse. Even if you are not at fault you can be assigned a % of fault. In a liability case it is not black and white.

The jurors were all over the board. One juror wanted the plantiff to get 1 million dollars, others wanted 500k and other yet other wanted to give the plantiff zero. So you just never know.

If you never get into an accident good, then your only legal issue is tires. But again, in a liability case everything is on the table. Make sure all your lights work because if someone hits you they can say your lights did not work.

It is a crazy world out there.

For me, I will stay under all the numbers.

JIMNLIN · 07-25-2019, 08:16 PM

Quote:

If you are towing overloaded that makes it even more worse. Even if you are not at fault you can be assigned a % of fault. In a liability case it is not black and white.

Towing overloaded by who's criteria. If the truck is legally loaded there is no civil lawsuit or assigned percentage at fault..no overweight tickets/etc.

laj · 07-25-2019, 08:55 PM

everyone should do what they think best. guess i wasted 4 yrs. in school, passing 11 state bars, and the last 37 plus yrs. litigating, teaching seminars when i could’ve just been on here and traveling the country side [emoji20]

Rhagfo · 07-25-2019, 09:44 PM

Quote:

Originally Posted by tuffr2

I have to disagree...in a legal liability case everything, and I mean everything was in the table. In a liability case where someone was hurt even if you are 10% at fault that is money you or insurance needs to pay.

Injury claim lawyers seem to sue in 500k increments depending on what they think they can get.

I was a juror just a few months ago on an injury case. I can tell you if you are in an accident where someone is hurt you will be sued. If you are towing something that makes it worse. If you are towing overloaded that makes it even more worse. Even if you are not at fault you can be assigned a % of fault. In a liability case it is not black and white.

The jurors were all over the board. One juror wanted the plantiff to get 1 million dollars, others wanted 500k and other yet other wanted to give the plantiff zero. So you just never know.

If you never get into an accident good, then your only legal issue is tires. But again, in a liability case everything is on the table. Make sure all your lights work because if someone hits you they can say your lights did not work.

It is a crazy world out there.

For me, I will stay under all the numbers.

^^^^ This ^^^^
This is where the Payload sticker is your enemy! That and every line in your owners manual that states NOT TO EXCEED after or before GVWR, Payload, GAWR, etc.

You don't need to be cited to have a jury assign you a percentage of fault.

Quote:

Originally Posted by JIMNLIN

Towing overloaded by who's criteria. If the truck is legally loaded there is no civil lawsuit or assigned percentage at fault..no overweight tickets/etc.

Well the rules change in a civil case, like stated above, the wording in the owners manual can come into play. Doesn't matter if you get a ticket, or for that mater if the other driver gets a ticket.

Quote:

Originally Posted by laj

everyone should do what they think best. guess i wasted 4 yrs. in school, passing 11 state bars, and the last 37 plus yrs. litigating, teaching seminars when i could’ve just been on here and traveling the country side [emoji20]

Just wondering are you an Liability/injury lawyer?

laj · 07-25-2019, 09:57 PM

mostly malpractice defense , limited criminal, and defense against wrongful death. two of my partners do personal injury, and one other does contractional/ real-estate. law.

tuffr2 · 07-26-2019, 02:58 AM

I was a juror in a 3 day civil trial a few months ago. A traffic accident and someone was injured and wanted $$$ and the people he wanted it from was fighting it...thus the trial. It was eye opening.

In a civil trail the jury is asked to weigh the facts of the case and assign a % of fault to the defendant and plaintiff. We made a worksheet of the facts and assigned fault in 5% increments. We reviewed all facets of the case. Example - The plaintiff was driving a truck with a big air compressor and other stuff in the bed. We said that extra weight affected the trucks ability to avoid the accident so this helped the defendant.

Being legal with DOT has nothing to do with Civil Law. Criminal Law is about Jail, Civil Law is just about $$$.

If you have good insurance and enough if it you do not need to worry.... usually.

After seeing a lawyer politly attack a defendant and try to make him look bad to the jury a lightbulb went off in my head. Do not exceed any number on my truck so I can answer the questions if I am ever in that position. That includes GVWR.

You guys do what you want - I am out

laj · 07-26-2019, 03:37 AM

tuffr2: your absolutely right, one should do what they think is right, and stay within their personal comfort zone. I believe life will always be more pleasant for them if they do. there’s enough stress withiut trying to create more

Mtn. Lion · 07-26-2019, 02:08 PM

Quote:

Originally Posted by laj

oooooooik, If, and thats a big one explain this:
why do i have 2 payload stickers on my gmc? one on the door jam and one in the glove box? and they both list different payload weights and both saying do not exceed.
you can get back to me later on that[emoji848][emoji23][emoji23][emoji23][emoji23][emoji23]

Guessing here, but follow the one in the glove box. That sticker will have the order option codes and likely subtract the weight of those options (like 4X4, dual cab) from the base max weight giving you an accurate payload capacity. The door sticker could be stuck to all trucks regardless of options.

jjackrash · 07-26-2019, 02:53 PM

Quote:

Originally Posted by laj

passing 11 state bars

You picked 11 states to practice in that don't have reciprocity? Bummer.

JIMNLIN · 07-26-2019, 08:11 PM

Quote:

Being legal with DOT has nothing to do with Civil Law. Criminal Law is about Jail, Civil Law is just about $$$.

Jeez internet rumors abound on rv websites....if your legal with DOT weight laws there will be no civil lawsuits or criminal actions regarding the weight issue.

If were overloaded per DOT weight laws which was a contributing factor in a accident we are subject to civil lawsuits and can be subject to criminal actions.

jjackrash · 07-26-2019, 11:06 PM

Quote:

Originally Posted by NevadaNick

My GMC is the same way, sticker on the door post lists a weight that is different than the one in the glove box. Bought the truck new and nothing has been changed.

I bet one is for total payload including all gear and occupants and one is the max weight recommended for a "slide in camper." At least that is what it says on my 2019 GMC; the "slide in camper" weight is less than total payload and is the sticker in the glovebox.