Someone PLEASE show me where someone has been sued over being over their GVWR. Add tonnage.
Sorting through the ambulance chaser attorney websites that use the term "overloaded" and "RV"... yeah they know about it... Just saying the info is out there to be considered as one evaluates the risk of being overloaded. Because at the end of the day it is the driver's responsibility and the willfully ignorant RV Dealer who cheerfully ignores the ratings of your equipment to make the sale is merely an accessory to the lawsuit
that names the driver first.
We can start here
and it's not just limited to GVWR. Further not just sued, but, sued and lost badly:
https://www.hardworkingtrucks.com/i...kups-costing-businesses-millions-in-lawsuits/
PICKUP TRAILER ACCIDENT LAWSUIT SETTLEMENTS
1.
DeHoyos v. Millennium Resources, LP. (Reagan County, Texas, 2007)
An employee of man Millennium Resources was driving a company pickup truck towing 7,600 pounds of drilling pipe in the course and scope of his employment. The trailer began swaying and he was unable to stop. He lost control of the trailer and the truck overturned, killing the driver.
The driver’s family then sued the company that he worked for, Millennium Resources. The Plaintifs alleged that the company loaded the driver’s trailer with too much weight and that they did not instruct him in the proper way to load the trailer.
The case settled out of court for $945,000.
2.
Martinez v. Wade (Ellis County, Texas 2008)
A man was driving a pickup truck in the course and scope of his business with Celadon Trucking. He changed lanes but was unable to pull his trailer back into his lane in a timely manner. His vehicle collided with another vehicle operated by two other individuals who were badly injured and sued the driver and his company.
The jury found that the pickup truck and trailer were not properly equipped to carry the load.
The jury awarded the Plaintiffs $1.3 Million and found the Defendant to be grossly negligent.
3.
Burkhart v. Loftin and Dacon (Harris County, Texas, 2010)
A lady was driving next to a truck whose trailer was loaded improperly. The truck / trailer was owned and operated by Infrasource Dacon, LLC. The trailer hit a bump and part of the trailer’s load came loose. A 300-pound insulator rolled onto the lady’s vehicle.
She was injured and the jury awarded her $290,000.
4.
Kaiser v. Down to Earth Landscaping, Inc. (Ocean County, New Jersey, 2011)
A landscaping company’s trailer de-coupled from the truck towing it due to a faulty trailer hitch and other safety cables and precautions. The trailer then collided with a 58-year old woman and did substantial medical damage.
The jury awarded $2.7 million.
5.
Perry v. Diffee Ford Lincoln Mercury (Colorado State Court, 2009)
Truck was hauling a trailer that was too heavy and on improper tires. The trailer came loose and killed a man in oncoming traffic.
The man’s family sued the truck / trailer company and recovered $2.25 million.
6.
Dearybury v. Florida Fish and Wildlife Conservation Commission (Florida 2013)
An FWCC employee was trailering a 31-foot boat in the Florida Keys behind an SUV when the driver lost control and hit an oncoming vehicle head-on. The Florida Highway Patrol found the combined weight of the boat and trailer totaled 10,420 lbs., while the maximum towing capacity for the trailer hitch was 6,000 lbs. The maximum towing capacity for the FWCC vehicle itself was only 8,000 lbs.
The FHP conceded the negligent operation of the FWCC truck caused this collision which saw the death of two innocent people. The jury awarded one of the victims $1.3 million. More lawsuits related to this accident are still pending.
Here is another article where RV's are starting to come to the attention of NHTSA.
http://www.safetyresearch.net/blog/articles/bus-crash-litigation-and-surprising-result-part-i
NHTSA has tried to address the dangers in Class A motorhomes and 15 passenger vans. In 2008, the agency responded to a series of tire and weight-related RV investigations and recalls with an amendment to Federal Motor Vehicle Safety Standard 110
Tire Selection and Rims requiring motorhome manufacturers to affix in a prominent place labels showing the weight of the fully loaded vehicle, including water, the occupants and cargo and the seating capacity of the vehicle based on the number of seat belts.
Part 2:
http://www.safetyresearch.net/blog/articles/bus-crash-litigation-and-surprising-result-part-ii