Legal towing? Myth or Fact

[Grandpa5x]

I can’t recite the law but I do know if you are over the weight limits of your truck and you have an accident you will be cited for it. Plus the next thing you must consider is your insurance carrier will deny any claim you have and that’s in your policy about being illegal. And with all the ambulance chasing lawyers just let one sink his teeth into an overweight case. With the insurance denying coverage, the police citations, and lawyers you’re asking for financial ruin, I wouldn’t risk my family’s future on somebody saying it don’t mean nothing. A simple inquiry with your state police, or departments of transportation as they are the rule makers will answer your questions. DOT doesn’t just pertain to commercial carriers, everything that concerns traffic and roadways goes through them. Don’t take anybody’s word when it means your livelihood. This isn’t the place to find legal advice!!

[frank1018]

I don't know about over weight laws by state, but I am licensed in P & C insurance in 4 states. What I can tell you is more insurance carriers are looking harder at recreational vehicle claims and they often are looking at your sticker from manufacturer. If you wreck and it is over the limit they will not pay. I load mine according to sticker. I cant take a chance on a loss like that. I would never recover financially.

[PatrickJ]

Originally Posted by Grandpa5x

I can’t recite the law but I do know if you are over the weight limits of your truck and you have an accident you will be cited for it. Plus the next thing you must consider is your insurance carrier will deny any claim you have and that’s in your policy about being illegal. And with all the ambulance chasing lawyers just let one sink his teeth into an overweight case. With the insurance denying coverage, the police citations, and lawyers you’re asking for financial ruin, I wouldn’t risk my family’s future on somebody saying it don’t mean nothing. A simple inquiry with your state police, or departments of transportation as they are the rule makers will answer your questions. DOT doesn’t just pertain to commercial carriers, everything that concerns traffic and roadways goes through them. Don’t take anybody’s word when it means your livelihood. This isn’t the place to find legal advice!!

Point 1: “I can’t recite the law but I do know if you are over the weight limits of your truck and you have an accident you will be cited for it.“.

Not true. I spent 25 years as an LEO and responded to thousands of crashes and I’ve never once weighed a vehicle involved. My department had 350 sworn officers. At the height of our commercial enforcement activities, exactly 3 of us had scales. Has it ever happened? Maybe somewhere. Just not my experience.

Point 2: “DOT doesn’t just pertain to commercial carriers, everything that concerns traffic and roadways goes through them.”

Not true. DOT refers to the Federal Motor Vehicle Safety Standards. This agency ONLY regulated commercial Interstate Commerce. Any private non commercial vehicle is not controlled by these standards and intrastate commerce is not controlled by the standards.

Point 3: “Don’t take anybody’s word when it means your livelihood. This isn’t the place to find legal advice!!“

I couldn’t agree more

[Markp22459]

I was once told by a Michigan State trooper that if you were to get into an accident and were over weight, the accident automatically becomes your fault.

[Filthy-Beast]

I’m not to worried about a ticket or my insurance company. I’m worried about the lawyers who run adds on late night TV. “Where you injured in an accident? Call us.” All my stuff runs under limits with a safety margin, no negligence on my part can be claimed.

[PatrickJ]

Originally Posted by MarkPatrick

I was once told by a Michigan State trooper that if you were to get into an accident and were over weight, the accident automatically becomes your fault.

You may have been told that by a trooper. It’s not true in my experience. Fault is the civil side of a crash. Law enforcement Issuing tickets is the criminal or traffic violation side of the crash. Whatever insurers decide to agree on for civil fault may or may not have much to do with the police report and the findings contained in it. I’ve never seen a wrecked vehicle weighed post crash. It may happen in some instances but I’ve never seen it. I’m confident that no one can report that a vehicle was “overweight” unless an actual scale reading was obtained. If insurers look at weight labels on vehicles involved then that is part of their civil process of settling a claim. This thread, as far as my understanding, was about what is “legal” concerning weights. I provided my experience limited to Texas. I’m certainly not advocating that RV operators should disregard manufacturer max ratings but I’m providing a perspective from law enforcement.

[richard5933]

Regardless of insurance, and regardless of a LEO issuing a citation, there is always the issue of being sued.

I was an admin assistant for a personal injury attorney, and I remember one case where they hired an out-of-state forensics specialist to determine if the hazards lights were working before the vehicle was rear-ended while sitting on the side of the road.

Attorneys go after the deep pockets. If you have any money to go after beyond what the insurance company pays, an injured party can go after you. This is one point of negligence which is easily avoided.

[mlpeloquin]

If you are found to be towing over your trucks weight limit, you will always be at fault in an accident. It is your choice.

[Mr_D]

Originally Posted by PulNSerenity

Holly Crap! I just looked at your signature. 650hp & nearly 2,000lbs of torque?!? You must have power galore! Most semi's out there are only running 300-500hp.

It is fun to drive but the problem is that the Allison only has 6 gears and the top 2 are overdrive unlike trucks which sometimes have 18 allowing them to keep in the power range. Some truckers have tried
To stay with me however only one stands out as being able to and I suspect he was empty. I run up against the rev limit above 90 (and still pulling till that point) but my tires are 75 mph rated. My loaded weight is 54,000 + almost 5,000 for the Jeep. GVWR by axle/tire rating is 59,000 and combined is 73,000.

[PatrickJ]

Originally Posted by mlpeloquin

If you are found to be towing over your trucks weight limit, you will always be at fault in an accident. It is your choice.

This is just simply not true. This thread was about what is myth and what is fact. I’m sorry but this statement is sweeping and absolute. Nothing in the world of investigating traffic crashes is further from the truth. There are no absolutes in understanding the complexities In every traffic crash. Again, I have never seen a post-crash vehicle weighed by law enforcement. Can you provide one instance of your statement being true?

[zzotte]

Of course you Know you are right all vehicles have a tow limit for a reason, you have to be the smart one. however you can believe anything to convince your self, listen to your gut you never go wrong.

Zzotte

[mike5511]

Every state I'm aware of has weight and standards laws similar if not identical to DOT standards that cover the basics. Most DOT officers these days have both State and Federal authority, probably still some that don't. Some States the Troopers have DOT authority, some don't. Arkansas Troopers do not have DOT authority for example but can enforce weight laws under State Statutes. All that said, Weights and Standards is primarily enforced only on commercial vehicles as long as you aren't over sized or doing some other unusual or nutty thing......like pulling a big ol' trailer with a Colorado.

[OlJB]

If a smart lawyer in an accident case realizes and can prove you were overloaded, it is going to be an expensive lesson.

[NXR]

Originally Posted by OlJB

If a smart lawyer in an accident case realizes and can prove you were overloaded, it is going to be an expensive lesson.

Doubtful. Unless it was massively overloaded to where even the empty weights were too much, that’ll be rather difficult to prove.

Even then, the overloading likely will have to be a contributing cause. If I take out another vehicle because I turned into it, my vehicle’s weight doesn’t mean a darn thing.

Chain of custody also has to enter in somewhere. No one is going to weigh a wreck at the scene especially if stuff is splattered everywhere. If the weighing is done after the pieces-parts are hauled off, reasonable proof will need to be demonstrated that what was weighed was actually part of that vehicle. If fluids such as water or fuel were involved some will likely leak out and that will lighten the weight.

Certification of the scale calibration to a known standard will need proven and the care of the scales and the initial training and recurrent training records of the scale operators will be looked at. And that the scales were used in the manner specified by their manufacturer.

I cannot see weight on an RV ever being a factor unless you kill someone or maim someone and then you’ve got massive problems anyway.

And if you’re going to run overloaded, don’t go to a CAT Scale and prove it for later use.

Ray