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11-20-2020, 10:35 AM
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#57
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Senior Member
Join Date: Sep 2012
Location: Palm Coast Florida
Posts: 12,995
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I would like to see a statistic of miles driven towing and accident rate vs not towing and accident rate. I am thinking when towing people in general are more careful. People towing over weight are probably extra careful and could actually be safer drivers.
But poop happens - it is better not to be towing over weight, as it is a bad idea.
8 jurors do not see things the same. 8 people - 2 people said the defendant should get zero fault and 2 people said the defendant should get 100% of the fault. So you just never know with a jury. After 5 hours the fault was 10% for the defendant which was probably fair.
Finally 8 people agreed...ugh.
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11-20-2020, 11:12 AM
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#58
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Senior Member
Join Date: Nov 2010
Posts: 2,415
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Quote:
Originally Posted by Cumminsfan
I'm not versed in lawyer stuff but I do get the failure to maintain control part. That would be the ticket part. What about the civil court sue part for the victims relatives? I'm not certain but pretty sure that most relatives of a deceased would sue the driver of the RV combo if they knew he deliberately was towing overweight. The death possibly could've been avoided had the driver of the RV been able to stop in time or with less impact.
Doesn't mean they would succeed but I bet they'd try. That makes things nasty.
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Its easy, pay attention, look out side, and don’t tail gun anyone. There is never a reason to end up in that situation.
just an aside, then i’m done, in your state on a passenger vehicle license you are limited to 8k lbs. If they want to cite you they could on most 1 ton srw, and all dually’s. To be 100% legal you have to put a t plate on, but for personal use they really don’t enforce it.
There is an exemption if carrying a camper that has its own license plate. As long as the base vehicle is under the 8k.
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11-20-2020, 02:15 PM
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#59
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Senior Member
Join Date: Apr 2012
Posts: 507
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Quote:
Originally Posted by move on
The defendant won't get any sympathy at all, especially if the vehicle was knowingly overloaded. The jury will hang onto that fact to justify their decision that the victim is owed millions.
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To make a charge stick, the plaintiff would have to prove the vehicle was overloaded, the overloading caused or increased the severity of the accident, that the drive knew or had reason to believe the vehicle was severely overloaded. It is highly unlikely that after the accident, the plaintiff could make a prima facie case that the excess pin weight caused accident, assuming youre within specs on gcwr) to go after punitive damages. If you're at fault, you're simply libel for the damages.
In this regard, you're in a much better legal position if you havn't documented the overload by weighing your trailer. Most folks that are not worried their TV is going to suffer catastrophic failure if they are 125 lbs overweight, and never have it weighed, can usually argue they relied on the trailer mfg, the dealer, and articles that their XYZ diesel would handle that rig, in the unusual event they are cast into that position. I search for on point cases covering such suits and so far can't find any examples.
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11-20-2020, 03:33 PM
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#60
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Senior Member
Join Date: Nov 2015
Posts: 26,689
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I have a 10,100 Truck MFG GVWR
I go down to DMV to register the truck
Clerk asked what weight I would to register truck for
I 'choice' 11,500# and pay a higher registration fee
States don't even think MFG GVWR has 'Legal' Status ....otherwise I could NOT register truck for any more then MFG GVWR
__________________
I took my Medication today. HAVE YOU?
Dodge 3500 w/Tractor Motor
US NAVY---USS Decatur DDG-31
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11-21-2020, 11:58 AM
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#61
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Senior Member
Join Date: Dec 2010
Location: Oswego IL
Posts: 2,387
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Quote:
Originally Posted by Old-Biscuit
I have a 10,100 Truck MFG GVWR
I go down to DMV to register the truck
Clerk asked what weight I would to register truck for
I 'choice' 11,500# and pay a higher registration fee
States don't even think MFG GVWR has 'Legal' Status ....otherwise I could NOT register truck for any more then MFG GVWR
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I agree with Old-Biscuit.
As example in my family we have three Dodge/Ram 2500 diesel trucks. My older son has a 2006, which has a GVWR of 8,000 LBS. His truck has IL flat rate D plate of 10,001 to 12,000LBS. MY truck a 2008, has a GVWR of 8,000 LBS this has a B truck plate of 8,000 LBS licensee. Now my younger son has a 2013.5 truck which has a GVWR 10,000 LBS. He has registered his truck with a B truck Sportman plate which is 8,000 LBS.
The DMV will register your truck for whatever weight you chose to register at. I have even seen 3500 DRW trucks licensee with a 8,000 LB B plate in IL.
__________________
Jim & Jill
Sold: 2010 318SAB Cougar:New: 2016 Cedar Creek 34RL. 2008 Dodge 6.7LCummins the original 6.7L engine, w/68RFE Auto
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11-21-2020, 12:12 PM
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#62
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Senior Member
Join Date: Nov 2010
Posts: 2,415
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Old-Biscuit is exactly right.
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11-21-2020, 10:36 PM
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#63
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Member
Join Date: Aug 2018
Location: Dalton, OH
Posts: 87
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11-22-2020, 04:23 AM
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#64
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Registered User
Join Date: Aug 2018
Posts: 1,974
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I got kicked off another forum over discussing gvwr in texas. There were a few choice words to a moderator and voila, i was off. I know for a fact i can register my truck for sum of axles in pennsylvania and the call that manufacturers gvwr. Gcwr is sum of all axle ratings in a combination. I had a friend whos brakes went out in his old caprice back in the 90s. His insurance covered everything, then out of nowhere a few years later he gets sued because the guy cant get intimate with his wife anymore because of that accident. If someone can come up with a reason to sue, theyre going to.
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11-22-2020, 04:29 AM
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#65
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Senior Member
Join Date: Nov 2007
Location: NC
Posts: 578
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Quote:
Originally Posted by ccrewstx
I have a 2020 F350 SRW SB Diesel Limited with a sticker cargo weight of 3388 I have been towing a fifth wheel with a dry pin wt spec of 26500. We are not full timers and usually carry the regular type stuff. We have an Andersen hitch at 35-40 pounds. Usually carry 2 people plus 2 golden Retrievers. I am guessing my loaded cargo weight is about 3500 -3600 pounds. The truck pulls great, is very stable, and has no problem stopping quickly. Does this seem ok or is there something I am missing.
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What do the ford tow specs say?
__________________
Wandering1
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11-22-2020, 06:58 AM
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#66
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Senior Member
Join Date: Aug 2013
Posts: 1,454
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Quote:
Originally Posted by Old-Biscuit
I have a 10,100 Truck MFG GVWR
I go down to DMV to register the truck
Clerk asked what weight I would to register truck for
I 'choice' 11,500# and pay a higher registration fee
States don't even think MFG GVWR has 'Legal' Status ....otherwise I could NOT register truck for any more then MFG GVWR
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Quote:
Originally Posted by laj
Old-Biscuit is exactly right.
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Great I will take my F150 that is rated for 7,700# and pay the registration for 12,000#, that state registration makes me safe and legal!
__________________
Russ & Paula, Portland, OR. The Beagle Belle.
2016 Ram Laramie 3500 DRW Aisin 4X4 14,000# GVWR.
2005 Keystone Copper Canyon 293FWSLS Rear Kitchen 12,360 GVWR
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11-22-2020, 07:27 AM
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#67
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Registered User
Join Date: Aug 2018
Posts: 1,974
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Quote:
Originally Posted by Rhagfo
Great I will take my F150 that is rated for 7,700# and pay the registration for 12,000#, that state registration makes me safe and legal!
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It makes your registered weight legal. You still cant go over axle weights. At least be smart about being "smart".
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11-22-2020, 10:19 AM
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#68
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Senior Member
Join Date: Nov 2015
Posts: 26,689
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Quote:
Originally Posted by Rhagfo
Great I will take my F150 that is rated for 7,700# and pay the registration for 12,000#, that state registration makes me safe and legal!
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Quote:
Originally Posted by Jshopes81
It makes your registered weight legal. You still cant go over axle weights. At least be smart about being "smart".
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Exactly^^^^
'Legal' as in correct registration
'Legal' provided one is NOT exceeding axle/tire load ratings
'Safe' ----- define safe.
Simple......
__________________
I took my Medication today. HAVE YOU?
Dodge 3500 w/Tractor Motor
US NAVY---USS Decatur DDG-31
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11-22-2020, 03:59 PM
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#69
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Senior Member
Join Date: Nov 2017
Location: Manchester, Tn
Posts: 291
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Reweighs are not free but do cost $1
__________________
Robert Pulliam
2002 Newmar Mountain Aire 38’
2017 Chevy Equinox toad
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11-22-2020, 04:05 PM
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#70
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Senior Member
Join Date: Nov 2017
Location: Manchester, Tn
Posts: 291
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Just don’t get in an accident where someone is injured or killed because an ambulance chasing lawyer is going to enjoy taking you to court. Anytime you exceed the manufacturers weight limits you will be liable and and wrong. Don’t listen to these experts, call a lawyer.
__________________
Robert Pulliam
2002 Newmar Mountain Aire 38’
2017 Chevy Equinox toad
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