Keystone RV Forums - View Single Post - Invitation to the weight police, need an opinion on my truck

rhagfo · 03-31-2019, 09:26 PM

Quote:

Originally Posted by sourdough

Quote:

Originally Posted by mtofell

I get all this and don't disagree but would point out that just because you are towing at a GVWR of 9,990# doesn't mean you are immune from any legal action. I think anyone would be hard pressed to find a case where the ambulance chasing attorney gave up just because the alleged negligent driver was under GVWR. If you are in a crash and at fault in any way these days you are going to get a crap storm of lawsuits no matter what you were driving. This is good support for having A LOT of insurance.

And before anyone plays the armchair insurance company card, yes, you will be covered, even if you are overweight. In general, insurance companies must prove that you were trying to defraud them before they can deny coverage. Of course, this is a topic for a whole other thread.

The reality in all of this is that there are no absolutes. It just all gets sorted out in the courts (with attorneys being the only guaranteed winners the entire way).

My takeaway from your comments is that "to heck with weights, laws etc.". The bigger statement is " if you are in a crash and found AT FAULT in any way you are going to get a crap storm or lawsuits" undermining everything you say. Follow the laws and weight limitations you aren't "at fault" for those liabilities which you seem to support ignoring.? Long story short, IMO, you are encouraging irresponsible behavior based on nothing more than your opinion that you won't get caught, if you do it doesn't matter, your illegal activities don't warrant scrutiny because you don't think they're important....and, the regulations/laws don't really mean anything to you. I'm not thinking a lot of judges or juries are going to think your interpretations are "cool"...but, give it a whirl and see where you land....just don't land in W TX.

Quote:

Originally Posted by mtofell

Not sure if you just are reading me wrong or just REALLY like to fight. Your assumptions are not at all what I am saying. Maybe sleep on it and reread in the AM and it will be more clear.

Well my take on this exchange is weight has nothing to do with being sued. You will get sued only if at fault, and you are already in trouble.

In truth you can be sued when not listed as at fault. This is where the extenuating conditions of being over weight come into play.

As I stated most personal injury lawyers, are in it for easy money. So if one is not listed as at fault, and is within all weight ratings, not likely to win easily.

Now if the not at fault driver was towing well beyond the weight ratings of the TV and was in an accident, this is where that same lawyer could see some easy money. Most of these lawyers will take on these cases on the terms of no win the Plaintiff doesn't have to pay anything.

Personally I was on the wrong side of this argument for too long, now I am on the right side of it, and very happy that I did.