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12-19-2021, 05:29 AM #21
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Healthy debate is always a good thing and this one is a little amusing to me.
There is a big difference between advertisements and facts. An attorney that "specializes" and has a list of expert witnesses is trying to sell a product or service. Remember that if I sit down with an accident attorney and talk about what if scenarios, they are charging by the hour for that conversation. I played the other side of this debate on this very forum once, and I was put in my place rather quickly. I was asked to show an actual case in front of a judge or jury where a judgement was entered. The debate suddenly ended. No one was able to cite a single example.
Just because a thousand attorneys try to promise huge settlements doesn't mean they actually get them. If you play the scenario through, it would be a monumental task for the plaintiff or prosecutor to gather up all the wreckage, weigh it, and determine which axle the weight was on.
I'm not suggesting that anyone be blatantly irresponsible. Pulling a tri axle fifth wheel with an F150 would be blatantly irresponsible, but a couple hundred pounds one way or the other is impossible to prove. Personally, I think the world is sue happy and I have to accept that I could be sued because my grey hair offends somebody, but I can't let my life be run by the fear of what the billboards are selling.
Let's finish this up the same way as the last debate I had about this: Show an example of an actual court judgement.
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12-19-2021, 09:38 AM #22
I agree this is and will continue to be a long running debate. As was pointed out as long as there is not a blatant violation people in this kind of accident would be ok, further, I would bet that unless there were severe injury or death involved weight is not likely to play into it. If there is severe injury or death, it will most likely cover into play in some form. I don’t have an example, but that scenario makes sense to me. I also believe that the tow ratings are far more complex than they need to be, and more often than not people look at the “tow” rating rather than the more important gawr, tire loading ratings which are the true determinators of towing capacity.
2019 GMC 3500 SRW Sierra Denali Duramax
2020 Reflection 315RLTS
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12-19-2021, 09:51 AM #23
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That because out comes of court cases are rarely posted on the internet. If they were there would thousands of cases post daily. Show me any court case for any reason that a RV was in and the what the judge ruled on or do you believe there has never been one? You can't show something that ins't post on the internet and they only way to get the info is submit a "Freedom Of Information Act". There has to be something to the amount of Attorneys that are posting and they not doing it with zero cases like you say there is. Make an appointment with an Accident Attorney and ask them and they can search the legal databases and give examples and I have done that. I have even seen bill boards popup the says call 555-555 if you have been in a accident with a commercial vehicle or RV.
I wouldn't want to go into court over GVWR with the manufactures posted things like this on their website.
"You may not give much Thought about those figures while making short trips or carrying a couple of small items, but when it comes time to load your GMC with lots of passengers or cargo, it’s important to keep your GMC’s GVWR in mind. Failure to do so may result in you exceeding the GVWR and overloading your vehicle.
Overloading your truck or SUV can carry severe consequences, including:
- Broken springs and suspension components due to excess weight
- Brakes unable to stop the truck or SUV in a timely manner
- Transmission and other driveline components may overheat and sustain serious damage
- Unusual suspension behavior, making the vehicle hard to control
- Tire temperatures rising to elevated levels, potentially leading to a blowout
https://www.gmc.com/gmc-life/how-to/...-weight-ratingDennis & Ellie
Current 2017 Newmar Ventana Class A & 1994 Airstream Excella Classic Limited Project
Sold - 310-GK-R Delivered 28 Oct 2016
2016 GMC Denali 1 Ton Diesel SRW Payload 3727LBS B&W Hitch
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12-19-2021, 10:44 AM #24
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Weasel words, and CYA's. "may", "perhaps", "potentially". Perhaps there's a sentence in there like "If you possibly drive on the road, you may have the potential to perhaps be involved in an accident, that's not our fault for furnishing you with a vehicle".
Howard and Peggy
2019 Momentum 351M, and 2018 RAM Cummins dually 6-speed.
His: 1999 Honda Interceptor
Hers: 2013 Spyder ST-S
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12-19-2021, 10:53 AM #25
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Lets say I pulling a 310GK with a factory weight sheet of 2300 pounds and I'm pulling it with a F250 with a factory payload rating of 2200 pounds. These ratings are public information using the VIN numbers. If my attorney would tell me that we not taking an out of court settlement and we going to see what the jury says about being over my GVWR with an empty RV I would fire him. Jury's awards can be off the charts I would not want to risk that fate so there would be no court case to reference. Our accident (Non RV)was settle out of court and we had a non-discloser statement that we had to sign.... Getting in a accident is stressful enough with have all your ducks in a row and all the Ts crossed.
Dennis & Ellie
Current 2017 Newmar Ventana Class A & 1994 Airstream Excella Classic Limited Project
Sold - 310-GK-R Delivered 28 Oct 2016
2016 GMC Denali 1 Ton Diesel SRW Payload 3727LBS B&W Hitch
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12-19-2021, 11:50 AM #26
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So the court would have no issue proving you're were 100 lbs. overweight? How, exactly, would they determine that? That's less than the difference between a full tank of fuel and a half empty tank.
So you have no court cases to demonstrate this is a widespread problem with RV'ers? And you admit yours didn't involve an RV.Howard and Peggy
2019 Momentum 351M, and 2018 RAM Cummins dually 6-speed.
His: 1999 Honda Interceptor
Hers: 2013 Spyder ST-S
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12-19-2021, 02:04 PM #27
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The example I gave above with the 310GK would be more than 100 pounds after you put two adults in the cab and load the RV with camping stuff. A reconstruct team could get close to the actual weight and if you don't have some other proof you have a hard time disproving them in the Jurys mind. Remember in a civil case it only takes a majority of Jurys unlike a criminal jury trial which has to be all 12 Jurys agree.
So can you show me any judge ruling of any RV accidents or are you still saying there has never been a court case involving an RV since you can't find one on the internet?
You do know to get the Jury "assigning of fault work sheets" in an accident becomes part of the judges records and they only way you find out is petition the judge in writing for the information. The only thing the judges gives out in court is the percentage of fault not how it was determined.Last edited by CWSWine; 12-19-2021 at 02:10 PM.
Dennis & Ellie
Current 2017 Newmar Ventana Class A & 1994 Airstream Excella Classic Limited Project
Sold - 310-GK-R Delivered 28 Oct 2016
2016 GMC Denali 1 Ton Diesel SRW Payload 3727LBS B&W Hitch
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12-19-2021, 02:08 PM #28
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Hey, I'm not the one asserting that there are a plethora of cases against the RV'er, ergo, I don't have to prove anything.
Howard and Peggy
2019 Momentum 351M, and 2018 RAM Cummins dually 6-speed.
His: 1999 Honda Interceptor
Hers: 2013 Spyder ST-S
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12-19-2021, 02:24 PM #29
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Dennis & Ellie
Current 2017 Newmar Ventana Class A & 1994 Airstream Excella Classic Limited Project
Sold - 310-GK-R Delivered 28 Oct 2016
2016 GMC Denali 1 Ton Diesel SRW Payload 3727LBS B&W Hitch
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12-19-2021, 02:43 PM #30
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Barker RV Sewer Tote
Today, 06:45 AM in General Discussion