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Old 08-03-2014, 06:53 PM   #1
Artemus Gordon
Montana Master
 
Join Date: Mar 2012
Location: Redding
Posts: 1,421
M.O.C. #12339
Towing and personal liability.

This subject gets many posts and on other RV sites, heated arguments. I believe the MOC is the exception. Our members seem very knowledgable and strive to operate their RVs safely!

I almost hate to share this information, but here it goes. A life long friend of mine is one of the nations most successful trial lawyers. His specialty is personal injury, product liability and manufactures negligence. We had opportunity to discuss "RV liability when towing". I won't bore you with the significant details. I boiled it down to a "few specific things" he pointed out to me. Don't shoot messenger!

First, don't ever disregard the "max weight data" for your truck! Hitch or RV. Manufacture's have this data dialed in for each truck. He said you get into an accident, you have no friends. By that he explained, the manufacturer's of the trucks, RV, Tires, hitchs etal, will provide testimony against you. While the "deep pockets" are the manufacturers, they go to great lengths to protect themselves. Brake size, tire condition, overweight issues of TV or RV, can find you in very deep water, especially if a fatality occures. In some states you might, and can be found guilty of "gross negligence" and found to be criminally liable. That could mean prison time.

Another point he made was, you can't bankrupt out of personal injury claims in most states. He describe several accidents where "toy haulers" were towed by significantly inappropriate TVs, while loaded beyond what a manufactures max limits. Remember, I am not trying to get into a debate my friends. I merely am imparting some very valuable, and I believe important information.

Lastly, he explained that having a commercial DL, might even hurt your case in specific instances. It is one thing to be ignorant or absent minded, it's another to add "profession driver" to the mix. You can't tow beyond your DL in your wallet. That said, being a professional driver can complicate things in a bad accident.

His advice, "Carry good AAA rated insurance" and consider an "Umbrella Policy". Umbrella Policy's are usually inexpensive and provide, additional funds, that might assist in settling your case, without destroying your personal assets. I realize must of our members know this stuff, but someone may not have gotten the memo!
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