Legal Liability when hauling

[tjm]

I need some help please.



What are the legal liabilities associated with exceeding your trucks GVWR? I know the dealer can void the warrantly. But what liabilities are you exposed to? For example my truck weights 6900# with me, a full tank, and a tool box. I go buy a pallet of alfalfa cubes that weighs 2000#, put it in the back and I've exceeded the GVWR by 100#'s (8800# GVWR for my truck). I may have also exceeded the GAWR. Tires are rated at 3000# each. What happens If I get in an accident that's either my fault or someone elses? Can an attorney use the fact that my GVWR was 100# overweight against me? I called the Texas DPS (state troopers) and their only concern from a law perspective was my total weight, distance between axles and tire rating. The primary concern of the state is road usage. They don't want me wearing out the road.



Any ideas of where I can go for an answer?



Thanks

 

[AndrewKing]

I've often wondered the same thing... . personally, I don't think being over by 100 LBS would matter too much from a practical standpoint BUT i suppose a real nit picky DOT man or lawyer may make a bid deal about it in case of an accident or something... . I would imagine tha there is still some factor of safety left in the manufacturers rating (that is they probably rate the actual capacity of the vehicle a little lower to provide a margin of safety)..... Looked at another way, if a bolt calls for tightening to 100 ft lbs and you give it 101 ft lbs instead it doesn't mean that it will snap right there and then... . I thing if the precentage of overload is small then you should still be OK..... Just don't go crazy with it and exceed rated capacities by large margins or continually use something at max capacity and the machine / vehicle should last a lomg time. Any real lawyers out there with real case verdicts?

 

[tjm]

a little more than 100#

Thanks AndrewKing



The problem with my truck is that it could virtually pull anything. I've even offered to move the neighbors house off of his slab. . So lets say its 500# overweight. I can pull it. I can get E rated tires, etc etc. Would exceeding GVWR be considered extenuating circumstances that could lead to some financial liability in case of a wreck? On the other hand I see lots of trucks out there pulling stuff I know exceeds GVWR & GCWR. Im basically trying to build a good sound legal case to get a new or used 1 ton and at the same time understand what my obligations are. Any help would be appreciated.



Thanks in Advance.

 

[DiTrani]

Your truck comes with numbers on it, however arbitrary they may or may not be. Generally the issue is not that there are specific state of fed. laws that forbid you from exceeding those numbers, but that if you are in an accident while exceeding those numbers you _could_ be sued on the basis of being negligent, and/or be denied coverage by your insurance company.



There is no hard and fast rule about this; it's a matter of luck. If someone decides to sue you, being overweight per your truck's numbers will be powerful ammo for them, especially (but not necessarily only) if they can prove you knew you were overweight.

 

[tjm]

insurance company

DiTrani



Are you a lawyer? Seems like an insurance company may provide a clear answer.

 

[GAmes]

..... and/or be denied coverage by your insurance company.

I've read this "fact" quite a few times in the RV forums, so I sat down and read my policy. There is absolutely nothing about exceeding manufacturer's weight ratings, overloading a vehicle or any other reference to towing. I can be declined coverage if I am racing, trying to avoid arrest or have the vehicle confiscated by drug enforcement. From what I can dertermine I would be covered if I wrecked my truck, while drunk, with a nude 16 year old hooker in the passenger seat... . providing she had her seatbelt on :-laf :-laf

 

[QRTRHRS]

I may be wrong on this but this is what I have heard. Let's say 'ole big foot' with his jacked up monster truck sporting 44" mudders takes you out. If you have the presence of mind, you can demand to have that truck impounded for a safety inspection. I don't know who would do the inspection or who would pay for it. 'Ole big foot' had better had his act together.



No question if the rig falls under commercial guidelines, it is going to be impounded and inspected.

 

[klenger]

I asked my State Farm insurance agent about coverge if towing overloaded. He said there were no exclusions in my policy that would deny me coverage for being overloaded.

 

[MMeier]

Overweight means overweight guys, pretty plain and simple!!

 

[CHinton]

When I bought my tractor from my dad, he inquired with his insurance agent and got quite an awakening. He found out after many years of hauling livestock, etc for himself and friends that his loads are not covered. He had always assumed that all those hogs, horses, cattle, etc had been covered by his truck/trailer insurance. I ended up paying a friend with his CDL to haul it with his rig.



Chad

 

[juicedcummins]

Overweight means overweight guys, pretty plain and simple!!

Not as plain and simple like a lot seem to think. [not flaming the quote]



Overloaded is when you exceed the allowable weights on a given road in a given state or province in which you are traveling. All states have their own formula to come up with this. Up here in Canada, Manitoba = 2. 5 times the reistered gross of the truck. Saskatchewan = same as Manitoba [from memory], Alberta goes by the tires alone.

No were is exceeding the factory gcwr ever mentioned at all. If this little # from dc had any use it would be on the door-jam like the gvw. The use of different gearing has no bearing for the dot and they could not be bothered with it. I am used to dealing with the dot after runing long haul the last 18 years. I just have to laugh at all the talk about exceeding the gcwr. Bottom line it is used to help dc turn down warranty claims an maybe help a greenhorn spec out a truck.

 

[tjm]

Juiced is right about TX. Dept of Public Safety is only concerned about road wear and taxpayers $. Ive confirmed that by talking to a corporal in DPS.



And Dodge is only concerned about their warranty liability so GVWR and GCWR only come into play when your truck breaks - as far as Dodge is concerned.



So the insurance company would be the final arbiter on such matters as they may or may not be liable for your actions - depends on your policy. I think its about time to read mine! If there are exclusions get a different policy.



Good discussion thanks.

 

[Russknh]

If the above situation is a real problem and not just a made up circumstance and you are going to be in this situation more than just one or two times invest in a trlr preferably a goosneck or 5th wheel type for the above problem and enjoy!!

 

[R C Cola]

Legal Liability ???

Been there done that !! Here is the bottom line. If the insurance company has you covered for the truck... You are covered. ! You can hang a trailer on and the insurance co. wants you to buy coverage on it also. The state insists that the insurance co. cover you !!! up till they cancel which they definitely will if you are found " Negligent by a court " . Otherwise they would have insurance companies bailing out after the accident has happened just to get out of paying the bill over any little technmicality. The courts will insist that the ins. co pay-up if your coverage was active at the time of the accident. If you are found negligent your ins. co will cancel and you will have trouble getting coverage from them again and possibly even from another company if it was a substantial loss. Word to the wise, stay as legal as you can. R C

 

[Gary - K7GLD]

"I've read this "fact" quite a few times in the RV forums, so I sat down and read my policy. There is absolutely nothing about exceeding manufacturer's weight ratings, overloading a vehicle or any other reference to towing. "



The insurance company doesn't make absolute statements about LOTS of peripheral issues - no way they can begin to cover them all! BUT, try regular towing of Cat D8's on a lowboy, get a few tickets or in an accident, THEN see what yer insurance company has to say about it!



Nothing in my insurance policy on my wife's '05 Escape SUV restricts the number of passengers we can carry - but try loading a couple dozen adults in there regularly, and then see what the law and yer insurance company has to say...



Nothing in my Homeowner's policy denied us the ability to own a German Shepherd either - UNTIL it nipped a unfamiliar lady approaching our kids in an aggressive manner - THEN after the company paid the gal $5000 in damages, we found out real quick what they thought of us and our dog ownership!



WHY do owners accept that a STOP sign *means* STOP, and that a 65 MPH speed limit MEANS 65 MPH - that chances are when the fuel guage says "empty" or the oil pressure guage is on zero, it MEANS it - but will whine and argue ENDLESSLY about the weight ratings for their trucks? When you severely overload yer truck, then try to kid yourselves and others that it's REALLY all OK, and those printed ratings are "only vague and meaningless guidelines", you're only fooling yourself - maybe!



If you assure me it's OK for me to drive overloaded, will you then represent me in court, and then pay my damages if you lose?



Exactly how sure ARE you?

 

[GAmes]

Gary, All I am disputing is the statement that the insurance company will deny a claim. I'm not argueing if going over the GCWR is right or wrong. I'm perfectly aware that if you are considered negligent by your insurance company that they will raise your rates or drop you like a hot potato. Sheesh!!

 

[QRTRHRS]

Years ago when I bought my BP horse trailer to pull with a van, my insurance company would cover me for damage I might inflict on others. They would not insure the trailer nor it's contents. I first had my dually on that policy but when I bought a gooseneck flatbed they said they would not cover something that size. That was about the time I changed companies to provide better coverage on my farm. With specific info, I can put any trailer on that policy with full coverage on trailer and cargo. I cannot haul commercially for others but I can haul any product for use on the farm or for sale originating from the farm.

 

[tjm]

All



I am in the process of compiling a list of GVWR, GCWR, GAWR (F&R), Towing Capability, etc for model yrs 1996 - 2005 for a 3500 DRW, Long Bed, Laramie pkg, 4:10 gear ratio, 4x2, & manual transmission. As soon as the wife selects a trailer. I'll be able to figure out what model vehicle can carry the load within all rated limits. Then discuss with the insurance company what they're willing to insure. Peace of mind and a clean conscience lead to a long life.



Thanks for the experiences and feedback.



tjm