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ANOTHER Towing Question.

Discussion in '2.5 Gen Tundras (2014-2021)' started by ATCinfantry, Apr 16, 2021.

  1. Apr 19, 2021 at 9:57 AM
    #121
    AZBoatHauler

    AZBoatHauler SSEM#140/ASCM#3/2ndGenNaysayer/BAF140

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    Problem is 99% of insurance policies don’t cover punitive damages so as the lawyer you could argue yourself right out of coverage for the claim. If you don’t think that matters you’ve never tried to collect a judgment from a person’s assets.

    I once pled a shooting/homicide case as the shooter “negligently perceiving a threat and discharging his firearm” so the insurance would pay the claim.
     
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  2. Apr 19, 2021 at 10:27 AM
    #122
    Ruggybuggy

    Ruggybuggy Seasoned Veteran

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    I'm assuming your a lawyer. So what's your opinion on a vehicle towing over it's payload and getting into an accident that's no fault on his part.
     
  3. Apr 19, 2021 at 10:55 AM
    #123
    timsp8

    timsp8 Former Tundra owner for 13 years

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    Don’t know. Maybe to keep the payload the same while accounting for the heavier 4wd components.

    https://www.toyota.com/tundra/ebrochure/

    ED80D089-2329-4286-A7FF-59CE6368FDFC.jpg
     
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  4. Apr 19, 2021 at 10:59 AM
    #124
    AZBoatHauler

    AZBoatHauler SSEM#140/ASCM#3/2ndGenNaysayer/BAF140

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    Here is my CYA disclaimer - the following is not legal advice nor does it imply or create any sort of client-lawyer relationship.

    In Arizona, if being over payload (or towing capacity/axle capacity/tire load, etc) did not contribute to the collision (in terms of would the collision have happened anyhow) generally speaking the operator would bear no fault or liability for the crash. Here are the instructions given to juries in Arizona when they are determining who is at fault for injuries -

    FAULT 5
    Statement of Claims, Definition of Fault;
    Definition of Negligence
    (Comparative Fault)

    Plaintiff claims that Defendant was at fault. Defendant claims that Plaintiff was at fault.

    Fault is negligence that was a cause of Plaintiff’s injury.

    Negligence is the failure to use reasonable care. Negligence may consist of action or inaction. Negligence is the failure to act as a reasonably careful person would act under the circumstances.


    FAULT 6
    Definition of Causation
    (Comparative Fault)

    Before you can find any party at fault, you must find that party’s negligence was a cause of plaintiff’s injury.
    Negligence causes an injury if it helps produce the injury, and if the injury would not have happened without the negligence. There may be more than one cause of an injury.



    I use the analogy it is the same as being in a non-fault crash while DUI - If I'm driving drunk stopped at a red light and get rear ended, I'm still 0% at fault for the collision. That doesn't mean there won't be any legal ramifications for my malfeasance...

    When a vehicle is grossly overly loaded and plows into a line of traffic killing 10 people, the fact the truck was overloaded may or may not have been the cause but the reckless disregard for others safety would likely be argued as an aggravating circumstance for which the defendant should be punished beyond the "monetary value" of the damages inflicted and lives that were lost.
     
    Last edited: Apr 19, 2021
  5. Apr 19, 2021 at 11:11 AM
    #125
    Hbjeff

    Hbjeff New Member

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    I appreciate your outlooks on it. Question, could it be argued that safely stopping a bigger load could have been done with a 1 ton truck? Not would it matter in real life, but in a court argument?
     
  6. Apr 19, 2021 at 11:24 AM
    #126
    AZBoatHauler

    AZBoatHauler SSEM#140/ASCM#3/2ndGenNaysayer/BAF140

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    Sure. Engineers doing accident reconstruction is a multi billion dollar industry. But that argument is shifting back to being overloaded was “a cause” of the collision.

    Regarding a 1 ton stopping the load faster, there will always be something that performs better and/or more efficient (a Supra stops a whole lot faster than a Rav 4) but negligence hinges on were you within “reasonable” use of the vehicle and if not was the unreasonable use a cause of damages and if so to what extent?
     
  7. Apr 19, 2021 at 11:36 AM
    #127
    Hbjeff

    Hbjeff New Member

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    Adam thanks for all your input
     
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  8. Apr 19, 2021 at 12:15 PM
    #128
    Ruggybuggy

    Ruggybuggy Seasoned Veteran

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    Thank you very much. Cheque is in the mail. :spending:
     
  9. Apr 20, 2021 at 7:29 AM
    #129
    wsutundra

    wsutundra 2021 Smoked Mesquite 1794

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    PNW
    00B99AB8-8545-40B4-9BBB-8AF6A99BEB2B.jpg Payload question, does a WDH reduce tongue weight? Obviously with my 3000lb camper I’m in no way near towing/payload capacities. But just curious if a WDH reduces its toll on the payload. I use the equalizer weight distribution/sway bar system.
     
  10. Apr 20, 2021 at 7:33 AM
    #130
    Ruggybuggy

    Ruggybuggy Seasoned Veteran

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    It just transfers weight from the rear axle and moves it forward to the front axle so overall payload on the truck would be the same.
     
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  11. Apr 20, 2021 at 7:50 AM
    #131
    wsutundra

    wsutundra 2021 Smoked Mesquite 1794

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    I see, that makes a lot of sense. thanks.
     
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  12. Apr 20, 2021 at 7:55 AM
    #132
    A-A-Ron

    A-A-Ron Done messed up

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    The WDH technically transfers some weight to trucks front axle and some back to the trailer.
     
  13. Apr 20, 2021 at 8:12 AM
    #133
    Ruggybuggy

    Ruggybuggy Seasoned Veteran

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    Of course, I gave a quick simple answer responding to the question on truck payload.
     
    Last edited: Apr 20, 2021
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  14. Apr 20, 2021 at 8:18 AM
    #134
    Hbjeff

    Hbjeff New Member

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    question. Does single vs dual axle trailer setup affect how a wdh works?

    ive pulled years of dual axle trailers, now im on a single and i am trying to dial in my setup
     
  15. Apr 20, 2021 at 8:28 AM
    #135
    Ruggybuggy

    Ruggybuggy Seasoned Veteran

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    It shouldn't effect the setup. All the measurements are made from the trucks front and rear axles. I had a large single axle trailer and once the WD is set up properly it made for a much better towing experience.
    20210420_102953.jpg
     
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  16. Apr 20, 2021 at 12:01 PM
    #136
    SpooledReel

    SpooledReel Insufficient Funds

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    Holy crap, I thought your trailer was sitting backwards behind your truck. I have never seen a tt that squared off before?
     
  17. Apr 20, 2021 at 12:17 PM
    #137
    Hbjeff

    Hbjeff New Member

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    I think its a V nose
     
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  18. Apr 20, 2021 at 1:40 PM
    #138
    Ruggybuggy

    Ruggybuggy Seasoned Veteran

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    It's a Jayco. It was an odd trailer but it had lots of high end features. They only made it for three years I believe but the cost of manufacturing was high so they had to ask mucho dollars for them. No one was willing to pay 25K for a 20' TT.
     

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