Originally Posted by northstar1960
there is still the burden of proof . if it was believed you crashed because you were over weight . whom ever would have to weight all contents and TT and assorted other things and have it all documented . then compare that to the TV and then prove it was the added weight that caused the accident .
You don't have to prove it in civil court. The lawyer would show that the GVWR of the RV exceeded the GVWR rating of the truck using published manufacture specs. Then you would have to make a case that your weren't at your GVWR and convince the a jury that knows nothing about RVs that you weren't. After that it would be who the jury believes. In a civil motor vehicle accident there usually not just one factor that caused the accident and being over weight would just be one factor that has a percentage of fault assigned to it. This is from a neighbor that is a retired trial judge. Remember in civil case you just to convince more than half the jury to be found guilty in civil trial.
Now in a criminal court you probably right, they have to prove you are over weight but unless you destroyed the RV it could be easily weighed.