TRAILER TOWING
ILLEGALLY by Bruce W. Smith Contractors, construction workers, RVers, boat owners, even city and MDOT employees driving full-size pickups and SUV with trailers in tow are placing themselves at risk of being sued if they are involved in a towing-related accident. It’s a big problem here along the Gulf Coast as trailers of all sizes are being towed by vehicles not intended for such loads—or not having them properly equipped to do so. The liability risk issue stems solely from towing trailers with improperly-equipped vehicles and not following the tow vehicle manufacturer’s well-defined requirements for the loads being towed. Every full-size pickup sold today is required by the vehicle’s manufacturer to use a weight-distributing (weight-equalizing) hitch to tow trailers weighing above a certain weight, and that weight limit for the majority of pickups is 5,000 pounds regardless of trailer type or cargo.
Photo left: Nearly all full-size pickups are required to use a weight-distribution hitch on all trailers weighing more than 5,000 pounds as does this 27-foot cabin cruiser. For example, Ford Super Duty pickups (except the dual-rear wheel model) have a trailer towing limit of 5,000 pounds unless equipped with a weight-distributing hitch (www.etrailer.com/faq_weightdistribution.aspx). The Ford Dually requires a W-D hitch on trailers weighing more than 6,000 pounds. Dodge, GM, Nissan, and Toyota pickup makers place similar 5,000-pound limits on their full-size pickups and SUVs. When the
trailered load isn’t properly attached to the towing vehicle, problems
arise the moment an emergency pops up and the driver has to swerve, make a
sudden lane change, brake hard, or a take dip in a corner too fast.
Vehicle control is lost. Those very situations are the reason vehicle
manufacturers place load/towing limits and proper setup requirements on
their vehicles.
So what happens if a person disregards the vehicle manufacturer’s towing requirements for having the vehicle properly equipped to tow such a load? A good accident attorney on the other side of the table will bring up the “Law of Negligence” (http://injury.findlaw.com/personal-injury/personal-injury-law/negligence/). [Wrong Hitch Photo Right] A heavy duty hitch doesn’t mean you can legally tow a heavier load. The Vehicle manufacturer sets trailer load limits related to the vehicle’s safe limits not the coupler. This hitch setup is illegal for trailers weighing more than 5,000 pounds on this pickup. When asked about towing liability issues, Dean Holleman, Vice President and Managing Attorney of Boyce Holleman & Associates (www.boyceholleman.com) in Gulfport, Mississippi, says “Any person who tows a trailer would be responsible to know that the towing vehicle has certain limitations which should not be exceeded. “If the accident is caused by the vehicle being used to tow something it was not designed to tow, this in itself could be an act negligence by the tow [vehicle] driver and under the theory of negligence he could be liable (and most probably would be held liable).” Holleman says that while some vehicle owners may argue the tow ratings and the proper setup of their vehicle isn’t clearly noted, he feels “most vehicles do have proper warnings and posting of limitations of towing weight.”
Photo Left: This is a properly setup weight-distribution hitch on a Toyota Tundra towing a 27-foot, 9,200-pound cabin cruiser. There should be no excuse for anyone towing a trailer not to do so in a safe and responsible manner. Yet there are hundreds of pickup and SUV drivers along our coast who are doing so every single day. Business owners should take heed of such warnings because it only takes on incident to ruin a small company. Is the price of equipping your tow vehicles in accordance to the manufacturer’s guide lines worth that risk of lives and lawsits? Our local
law enforcement agencies should also take heed. Seatbelts are designed to
save lives in the event of an accident. Tickets are issued when they are
not worn. So why isn’t at least a modicum of attention paid to those who
tow trailers beyond what vehicle manufacturer’s deem safe limits,
endangering themselves and everyone around? Isn’t prevention of accidents
a part of traffic law Owners of larger trailerable boats are at risk as well—especially those who tow boats that weigh more than the vehicle doing the towing. Such a situation is an accident waiting to happen. Photo right: All vehicle owner’s manuals clearly state how much the vehicle can tow and how it must be equipped to do so. This Toyota Tundra manual even has towing capacity highlighted in yellow. If your tow vehicle requires your boat/trailer package to be equipped with a weight-distributing hitch, two companies have them readily available: Cequent Towing Group’s Reese SC (www.reeseprod.com) and the Equal-izer Hitch from Progress Manufacturing (www.equalizerhitch.com; 800.478.5578). Common sense would dictate having your tow vehicle and trailer properly-equipped with the correct hitch in place (and the trailer attached properly) is a far better choice than facing the liability and safety issues related to towing without it.—Bruce W. Smith About the writer: Bruce W. Smith is a full-time national automotive/boating writer, book author, and national talk show radio host who specializes in boats and tow vehicles. His new book, “The Complete Guide To Trailering Your Boat” from McGraw-Hill, is available at www.editorialservices.biz.
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