Quote:
Originally Posted by xcntrk
How would that be determined in an post-accident investigation?
All gross violations aside; it's not practical to determine if a vehicle is loaded over the manufacture limit without weighing it. And even then you would need to weigh the TV and trailer separately. But even armed with this information; a prosecution would need to determine fault AND link that fault to towing while over-loaded.
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If you look at some the rigs on here and other forums you will see 3/4 tons diesels with payloads of under 2400 lbs pulling 5er with dry pin weights of over 2400 lbs. That just makes it easy for a lawyer to make the case months after the accident without weighing by just doing Vin checks on truck and the 5er. Making the case on forum that your 3/4 is really and 1 ton would be hard to argue in front of jury or judge when each one has publish manufacture specs.
In civil case it would be easy on criminal case would be much harder but in the case I was on it was several faults we found at fault and it was a civil case. In civil case it just has to be a majority vote.
We were told that awarding damages was just that damages and restitution was were the guilty person had to pay back all the insurance claims and legal cost.