Like MOST people here towing a loaded TH, I'm overloaded, even for a dually.
My question here is pretty simple----
Who here has an ACTUAL story to tell of being in, or hearing of a verifiable accident, where the tow vehicle was overloaded and something LEGALLY ended up coming of it?
I don't want to debate the merits of being underweight vs over, SRW vs. DRW, how safe you feel, how well your rig tows, what mods make it more stable, etc.
I want to only discuss what has legally happened to someone as a result being over GCVWR and in an accident. No hypotheticals or what-ifs, the real end-result of something.
You can't get a blanket answer as every state has different laws for defining overweight. In our home state the rules are very liberal and it is pretty difficult to be over the maximum allowed weight. It doesn't matter in our state what the GVWR, the GAWR. It is all based on tire capacity limitations -defined by the state and axle capacity restrictions. You would be surprised how much GVWR you can license your dually for in our state. RCW 46.44.042 Maximum gross weights -- Axle and tire factors.
The biggest issue may not be the actual legalality but the risk in civil court .....
Where you are legal weight wise has to do with state and federal highway department laws. I doubt there is one illegal RV or MH weight wise in the entire US. Well on some county roads I have seen a 3 ton bridge limit before but other than those cases there are no illegal rigs I am sure.
The stickers on the doors are not legal limits but company guidelines for their legal reasons.
If you were in an accident with a determined prosecuting attorney you could well be found negligent (at best) if you are overloaded.
I no longer have dates and times or other details, but at least twice I was required to provide weight ratings to GM lawyers who had been hauled into court to defend a GM product that had been in an accident.
Once it was determined the truck loaded beyond GVWR (in the box, not a trailer) the GM position was that they would not warrant the performance or safety of the vehicle if loaded beyond the Manufacturer ratings. (YES, I'm talking about the numbers on the label on or near the drivers door!)
Both incidents resulted in criminal negligence and dangerous driving charges that stuck. Their insurance cos. paid up then dropped them like hot potatoes. I recall one of the drivers had a previous record and did go to jail.
Few and far between? - you bet!
Details that you were asking for? - No! (And sorry, I couldn't legally provide them even if I still had them)
So does it NEVER happen? - Nope!
Should you worry about it if you know your limits and drive accordingly? - probably not.
Just my 2¢ worth.
Keith J, Retired from GM Engineering
1999 Sunnybrook 27RKFS Fiver
2005 GMC Sierra 2500HD SLE 2WD/CC/SB/DA, 52 gal Titan tank, Bilsteins, Line-X, Westin steps, Prodigy, Retrax, 16K Superglide, 5th-Airborne pin box, Multi-vex mirrors, TST TPMS.
I'm looking for ACTUAL stories from people who have "been there, done that", or has directly heard of someone who has.
Not what-if's, or "every state is different", or this-could-happen type stuff. Actual, Factual (hey, that rhymes!) accounts and details of someone who was overweight, got in wreck, and got in hot water because of it---at fault or not.
Thanx KayDeeJay, that's kind of along the lines of what I'm looking for.
I wouldn't worry as much about the law as I would a jury of " my peers."
If someone is hurt, or pretends they're hurt, you or your insurance will pay.
There's a whole industry of vampire attorneys just waiting to pounce. "For the people."
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Best chuckle of my day so far...
