Originally posted by dsather
Wish I could find out about the insurance question though.
Dennis,
Allow me to preface my remarks by saying that I'm an engineer by training, not a lawyer, but I've been involved in enough legal actions in my career to speculate that the biggest legal risk when exceeding manufacturer's weight ratings is in the
civil arena.
Should you or I be involved in a traffic accident (consider the worst case - you slam into the side of a loaded 66 passenger school bus that pulls in front of you), you could theoretically face 67 individual lawsuits (66 kids + 1 driver). If I were the attorney representing one of the plaintiffs, I would attempt to put as much of the fault on you as possible - the more contributory fault attributed to you, the more you have to pay.
If you are running overloaded (pick a manufacturer's rating - GVWR, GCVWR, GAWR - doesn't matter), I'm going to attempt to persuade the jury that such overloaded operation is prima facie evidence of reckless operation at worst, or at least negligent operation. I'll make the case that, even though the bus driver ran a stop sign, you would have had a better chance to stop had you not been overloaded. Even if you couldn't stop, the fact that you were overloaded means your rig carried more kinetic energy into the collision and thus resulted in more severe damages and injuries than would have occurred had you not been overloaded.
Remember, this question won't be decided by engineers or truck drivers - it will be decided by 6 or 12 good citizens picked from the jury pool who probably have never pulled a trailer or driven a truck in their life. Also remember that they won't necessarily be deciding
absolute guilt or innocence. Rather, their verdict will be more along the lines that you are 60% negligent and the bus driver is 40% negligent; therefore, you have to pay 60% of the judgement or damages awarded.
Even if your insurance pays, what is the cap on "per occurance" or "per individual"? Standard insurance won't be enough to cover 67 lawsuits!
Just something to consider... .
Rusty