Payload issue

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dhay13

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Payload police question.

If you do happen to have an accident, how do they determine if you were over payload? Are they going to weigh the truck?

We are not talking about a truck with a load of concrete and possible a receipt from the concrete vendor as proof. Were talking about a few humans, dog and possibly some bikes. If the truck isn't totaled and destroyed- they would have to recreate the conditions and weigh the truck.

Can't see a lawsuit because someone added their dog and a bike or so to a truck that is pulling 1/2 the rated capacity.
If there is a death I'm pretty sure they will go over everything with a fine tooth comb. A civil suit could mean millions of dollars so pretty sure they will hire a few expert investigators.
 

62Blazer

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If there is a death I'm pretty sure they will go over everything with a fine tooth comb. A civil suit could mean millions of dollars so pretty sure they will hire a few expert investigators.
The law and courts are not as black and white as some people make it out to be. There are items like "due diligence" and "intent" that are taken into account in this type of civil case. If it went that far the manufacturer and the insurance company itself will probably be involved because the defendant will start stating they were "told" the truck could handle it and direct the blame to Ram and that the insurance company should cover the cost of an accident. Besides, the manufacturer and insurance company would be where the big money is. Sure, you can sue anybody for $20 million but even if you win where do you think the money is coming from? The average blue collar Joe Schmoe simply doesn't have that much money to give, and the courts simply are not going to literally take everything from a person and quick them out on the streets...doesn't work that way.
But back to the comment....so if a civil case comes up you are talking years before it would go to court. So you are saying somebody is going to immediately impound the truck and trailer combination and lock it up for years so they can go back and weigh it? Then go weigh the passengers and any gear that happened to be in it. Keep in mind you are talking about a totaled out truck and trailer combo that was scattered across the road.
In the end, especially if using the OP as an example, you are going to have a hard time winning a civil case against somebody for pulling a 3,900 lb. trailer in a truck that is rated at 2x to 3x that towing capacity simply based on being over payload rating by a few hundred pounds.
 

dhay13

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The law and courts are not as black and white as some people make it out to be. There are items like "due diligence" and "intent" that are taken into account in this type of civil case. If it went that far the manufacturer and the insurance company itself will probably be involved because the defendant will start stating they were "told" the truck could handle it and direct the blame to Ram and that the insurance company should cover the cost of an accident. Besides, the manufacturer and insurance company would be where the big money is. Sure, you can sue anybody for $20 million but even if you win where do you think the money is coming from? The average blue collar Joe Schmoe simply doesn't have that much money to give, and the courts simply are not going to literally take everything from a person and quick them out on the streets...doesn't work that way.
But back to the comment....so if a civil case comes up you are talking years before it would go to court. So you are saying somebody is going to immediately impound the truck and trailer combination and lock it up for years so they can go back and weigh it? Then go weigh the passengers and any gear that happened to be in it. Keep in mind you are talking about a totaled out truck and trailer combo that was scattered across the road.
In the end, especially if using the OP as an example, you are going to have a hard time winning a civil case against somebody for pulling a 3,900 lb. trailer in a truck that is rated at 2x to 3x that towing capacity simply based on being over payload rating by a few hundred pounds.
In theory you are right. But we hear about it all the time. Spill your hot coffee on yourself and get $3 million. And even if you win your case how much will it cost you? I agree 100% that 3000lbs is nothing for any 1500, or even any mini truck like a Tacoma, etc. But even a speeding ticket will cost you money even if you win. Have to miss work for your court date. Imagine having to miss 3 weeks of work to be in court paying for attorneys. That's why I bought a 2500 to tow our 9000lb boat even though my 1500 towed it just fine (8600lb towing capacity)
 

62Blazer

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In theory you are right. But we hear about it all the time. Spill your hot coffee on yourself and get $3 million. And even if you win your case how much will it cost you? I agree 100% that 3000lbs is nothing for any 1500, or even any mini truck like a Tacoma, etc. But even a speeding ticket will cost you money even if you win. Have to miss work for your court date. Imagine having to miss 3 weeks of work to be in court paying for attorneys. That's why I bought a 2500 to tow our 9000lb boat even though my 1500 towed it just fine (8600lb towing capacity)
There is a little more to the entire McDonalds coffee story. Below is a good link that explains the entire situation. The lady had 3rd degree burns that required skin grafts and had offered to settle for $20,000 but McDonalds refused. It was corporate policy that McDonalds keep their coffee at a temperature that can cause 3rd degree burns, and there were 700 previous complaints. Also keep in mind that $3 million to McDonalds was equivalent to 2 days worth of coffee sales.
https://www.caoc.org/?pg=facts
 

gfh77665

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Also keep in mind that $3 million to McDonalds was equivalent to 2 days worth of coffee sales.
That was an extremely high profile case back in the day. It made not just National but INTERNATIONAL news. $3M might be just two days of coffee sales to McD's, but what that case DID do was create and cement the mindset in the publics eye that the Legal system is now the Lottery system. Its ramifications have impacted our lives far more than almost anyone realizes.

This is exactly why we don't have diving boards at swimming pools, or hardly even swimming pools anymore. This is exactly why insurance costs, for both home and auto, has sored to be stratospherically expensive levels. This is exactly why a $15 dollar step ladder now costs $200. The "Legal Lottery System" has destroyed personal freedoms and made us pay immensely. It has invaded every aspect of our lives, whether anyone realizes it or not.
 

Elvira

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You can re-register for more weight. It is not a great cost as long as you don't go over board. This is providing you stay with the trailer you are considering, remember you need to keep that safety factor. That truck will pull that trailer you mentioned easy enough, your dilemma is just the cargo capacity. Do some research and you should find that increasing the weight on the ownership will keep you legal. There is the possibility that the difference in the gas and the diesel is where the discrepancy is.
 
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