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Old 03-28-2011, 12:02 PM   #21
Dave Nowlin
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On RV.net there is a poster who goes by the handle "wadcutter." He is a retired Highway Patrol commander from Illinois. In threads of this type he has pointed out repeatedly that the sticker ratings are strictly manufacturers ratings. He said our vehicles are easily within the federal regulations that apply to us. He said that this issue keeps coming up but it isn't something to worry about. My youngest son is a lawyer and will tell you another person can sue you for anything whether his grounds are legitimate or not. The lawyer mentioned in the start of this thread would sue you regardless of whether you were overloaded according to manufacturers specs. If he is a skilled enough attorney he would probably win regardless of what the circumstances are if your attorney is less skilled. If we all avoid doing anyting we might get sued for, we couldn't leave home. If we did we might in some way injure someone who might sue us. Common sense should guide our actions. I don't want to hurt anyone. I should limit my load to what I feel safe towing. After all in this hypothetical incident my wife and I would also be hurt or injured.
 
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Old 03-28-2011, 04:37 PM   #22
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(quote) Take the woman who had an open cup of coffee stuck between her legs while driving. She hit a bump or something else and the "hot" coffee spilled all over her lap and thighs and received serious burns. She collected a large sum because the lawyer put into the jury's mind that the water making the coffee was to hot and it was the vault to of the company who made the hot coffee (quote) etc etc

I have been sitting on my hands for a couple of days but I can't any longer. Lots of people mention this case but they have no idea what they are talking about. Lawyers are a convenient target but sometimes we fight back. Although now retired, I spent 40 honorable years at the Bar and I resent comments like these.

I have read the Appellate Court opinion. I haven't found it online yet but I will. In the meantime read this 6 page article and get an appreciation for what this lady went through (ultimately she died of complications) and the arrogance of McDonalds. By the Way, my recollection of the opinion is that the final settlement was $280,000.

http://www.jtexconsumerlaw.com/V11N1/Coffee.pdf
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Old 03-28-2011, 05:50 PM   #23
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Quote:
quote:Originally posted by CmdrDewey
http://www.jtexconsumerlaw.com/V11N1/Coffee.pdf
David,

Very interesting article. Thanks for the post.

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Old 03-28-2011, 09:14 PM   #24
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cmdrDewey. Thank you for your public service. Good council is hard to find. Montana High Country 323RL. More features LESS weight.
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Old 03-29-2011, 12:18 AM   #25
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Good post, and good for you for standing up for your profession.
Threads like these are almost sure to bring out strong emotions, you handled yourself with class in responding to it.
All of us out here with 3/4 ton trucks are sitting on our hands as well, we have had some pretty 'touchy' posts like this in the past, but the MOC members being a class act like they are, have kept things in check.
Nobody likes weight police, but as I said this thread has not become the kind that makes people too crazy.
Ozz and his 3/4 ton Super Duty.
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Old 03-29-2011, 02:49 AM   #26
Sky
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I don't mind admitting when I am wrong. In this case I am. I was always under the impression that the driver was the person who spilled the coffee in her lap while driving and not the passenger. I should have researched it further and I didn't. I just remember what I read and I assumed it was correct. To David I say
thank you for setting me straight in this matter and I apologized for my mistake. But I still stand by my statement that anybody can be sued right or wrong and
the more you are within legal guidlines the better off you will be in case you are sued - it doesn't mean you will win but it will help.
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Old 03-29-2011, 04:59 AM   #27
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Hi

I have been watching this thread without comment.

Florida changed the Uniform Traffic Code about 15 years ago. They change the classification of a motor vehicle to a “Dangers Object”. At that time the commercial operators started enforcing strict requirement for the loading of their trucks to be less or at the GCVW rating. When this first happened I was driving tank trucks and I just thought they were avoiding liability issues.

Ten years later I hired a mechanics helper to work in a shop I was managing. He told me of having an accident with his Ford 350 while towing his lawn equipment trailer. He said that the police towed his truck and trailer away even though it was drivable. They towed it to the nearest scale and weighed it then let him drive it away. When this fellow questioned this he was told by the police that if the truck and trailer had been over the manufactures GCVW rating he would have been charge with a felony even though the accident wasn’t his fault.

So I stopped by the trucking company I used to drive for and ask their safety officer (retired Florida Highway Patrol). He informed me that any accident involving a vehicle where one or more vehicle has to be towed is considered a “serious” accident. If either vehicle is over the manufacturers GVW or GCVW if towing leaves the driver open to a variety of felony charges including Vehicular Homicide if it involved a death regardless of who is at fault. He said this applies to any motor vehicle operated on or within 5 airline miles of a Florida public roadway.

There isn’t any way to protect yourself from the devastating cost of defending against a charge like this.

Unless I have unloaded the heavy stuff from the trailer I weigh my rig before every trip. I will also when on the long trips sometimes go thru the truck weight stations just to get a weight.

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Old 03-29-2011, 05:20 AM   #28
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personal choice....Cover all the bases as best you can,,or take your chances. We have sat on a couple of Civil suites over the years which caused me to.....cover all the bases as best you can

Civil suite " preponderance of evidence" not "beyond a reasonable doubt"

Also a big difference between criminal and civil cases on "burden of proof"
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Old 03-29-2011, 08:42 AM   #29
CmdrDewey
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Thank you Sky, apology accepted and thanks to you others for your kind comments. Sky you are certainly correct that anybody can be sued for most anything. That is why we have insurance. Bottom line, if you are negligent you can be liable. Of course negligence is sometimes in the eye of the beholder. That is why our insurance companies have good lawyers.

Maine requires minimum insurance in the amount of $20,000, I have $500,000 and I also have an umbrella policy in the amount of 1 million. I highly recommend such a policy. I can't remember but I believe it costs about $175 a year. The amount of the premium tells you something about how often a claim is made.

Thanks again for the kind words,
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Old 03-29-2011, 10:38 AM   #30
Phil P
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Hello richfaa

I made an error in my post “Dangerous Object” should have been “Dangerous Instrument”.

The point I was trying to make is this. If a felony charge is lodged against you because you were overweight and you have any assets the state will not provide you with an attorney. It is unlikely your insurance company will either. In Florida to retain an attorney to represent you in this case would be $10,000.00 plus $350.00 per hour for a cheap one.

The only way to protect yourself against this is to make sure you are not over weight.

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Old 03-29-2011, 12:16 PM   #31
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Okay! Here is my personal opinion, I do get to say, right?

I cannot fathom in my mind how I would take to an accident that could result in the serious injury, or death, to any other person, whether it was my fault or not. In my case, in an SOB, if I were overweight, the burden of responsibility would be overwhelming to me in a situation such as this. Just thinking that I "could" have made a difference, maybe. The long term guilt trip would be something else.
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Old 03-30-2011, 03:58 AM   #32
richfaa
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With this weight issue as long as the individual understands the ratings and spec's of their units and perhaps have a talk with a attorney on the subject of "responsibility' is is going to be a personal choice like do you have home owners insurance, auto/camper insurance, health insurance, ect. vehicular homicide is not a uncommon charge and civil suites are common.
IMO it is a good practice to take all caution on the weight issue.

One does not have to pick up the litter of a Rv accident and weigh it.. As I see here a 3/4 ton short bed pickup towing a large Mobile suites. Over specs in near every category. a fair attorney could have a field day. Be safe.
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Old 03-30-2011, 03:22 PM   #33
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Quote:
quote:Originally posted by Phil P


Hello richfaa

I made an error in my post “Dangerous Object” should have been “Dangerous Instrument”.

The point I was trying to make is this. If a felony charge is lodged against you because you were overweight and you have any assets the state will not provide you with an attorney. It is unlikely your insurance company will either. In Florida to retain an attorney to represent you in this case would be $10,000.00 plus $350.00 per hour for a cheap one.

The only way to protect yourself against this is to make sure you are not over weight.

Phil P
I sure don't want a $350 per hour lawyer defending me. I wish you would post a link to that statute. Commercial licensed drivers perhaps? I scanned over the statutes and DL site, but couldn't find anything. FL requires a Class E non-commercial license from what I found.

I honestly don't see how some of you sleep at night worrying about things like this. I worry a lot more about senile drivers than those over weight. Heck, I saw some folks in San Benito a few years back that couldn't find their way out of the Wal Mart to find their motor home....now that is scarey!
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Old 03-31-2011, 03:52 AM   #34
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Will I agree with you. I have a small, read tiny, business that makes high end ammo reloading equipment. In the firearms industry you could be sued at any time, you learn to live with it. Being sued over my camper don't even register.
On another note some might find interesting. A lot of my pistol powder measures are sent to China and Mexico where as I understand, they are used to charge air bags for cars. Who knows my or your car or truck might have one. If you are in a wreck because your camper is over weight and your air bag don't work please don't sue me over it.
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Old 04-03-2011, 04:21 AM   #35
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You will find the laws used in two places. Look at the DUI laws and the Lethal weapons laws. When the state changed the classification of the motor vehicle to a dangerous instrument the language in these laws allows them to be used when the event is the result of the willful miss use of the motor vehicle.

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Old 04-03-2011, 11:43 AM   #36
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quote:Originally posted by Phil P


You will find the laws used in two places. Look at the DUI laws and the Lethal weapons laws. When the state changed the classification of the motor vehicle to a dangerous instrument the language in these laws allows them to be used when the event is the result of the willful miss use of the motor vehicle.

Phil P
Seems this law only pertains to liability to the owner if the vehicle is used by someone the owner authorizes. Case law refers to a case against Hertz. I failed to find any relationship to overloaded RV's. Vehicular homicide is a common occurrence in TX, especially in DUI cases. Please correct me if I am wrong.
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Old 04-03-2011, 04:00 PM   #37
Rancher Will
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Our experience is the same as above, Indy Roadrunner, I am a cattle rancher and also own a small trucking company. In over 50 years in the trucking business our experience matches Indy.
We have had numerous experiences of other problems, both from law enforcement, DOT and the general public. There has always seemed to be a feeling from some quarters that truckers are a good source of money from manipulating fraud, excessing regulations, agressive law enforcement, and convoluted taxes.
If you have it, a truck hauled it. But some people don't want trucks on the road.
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Old 04-04-2011, 07:03 AM   #38
Waynem
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Some information:

http://www.funroads.com/rv-travel/safety/overloaded/

http://www.rv.net/forum/index.cfm/fu...7.cfm#18298847

Consider accidents involving drunk drivers, or any safety violation. The insurance company will pay. You may find yourself a person that will not be insured by the same company at renewal time, but they will pay. So I suspect that an overloaded RV, however unsafe for you, if involved in an accident the accident will be paid for by the insurance company.

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