These scary words come from Ashley de la Cerda, partner in the Dallas law firm of Walters, Balido & Crane, addressing towing lawsuits at the recent ProPickup Truck Expo in Dallas.
Towing, particularly towing compact construction equipment behind a pickup, is a subject our ProPickup Editor Bruce Smith is passionate about. “Half-ton pickups have a 5,000-pound towing capacity, period,” he says. “The weight of the towed equipment alone usually exceeds that limit.”
For example, most 2- to 3-metric ton compact excavators are more than 5,000 pounds. Ditto for skid steers with more than 1,250-pounds-and-over standard operating load.
“In a court of law, towing beyond a vehicle’s maximum trailered weight, as set by the manufacturer, is driver negligence,” Smith says, stating he regularly sees contractors, landscapers and public entities exceeding the 5,000-pound half-ton weight limit without using a proper hitch.
Smith says you need to read the small print when it comes to all those compelling commercials showing pickups taking on heavy loads.
“They all say ‘properly equipped,’” he says, as defined by the manufacturer’s Owners Manual. To take on extra weight, you’ll need to either replace the standard ball/shank with a special weight-distributing hitch-head assembly or, on 3/4-ton pickups and up, use a gooseneck/5th wheel hitch.
