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Car Accident
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(877) 880-4090For car enthusiasts, few things bring as much joy as adding after-market mods to their vehicles. However, many of these modifications ultimately affect the drivability and even the safety of the vehicles. Even when individual mods are legal and have no noticeable effect on safety, the total effect of modifications can prove deadly. This could lead to liabilities after an accident.
There is no shortage of modifications people make to their vehicles. However, some prove more dangerous than others. Consider the most common ones and how they put vehicle occupants and other road users at risk.
Almost every car enthusiast envisions upgrading the turbo on their vehicles. While they certainly make the vehicle more powerful, the original safety mechanisms in these vehicles might not know how to cope with that additional power. This could cause safety features to fail at crucial moments where they could have otherwise prevented crashes. In some cases, vehicles with these modifications are no longer street-legal.
Manufacturers of these systems claim it gives vehicles a throatier and more aggressive sound. More often than not, this proves true. Manufacturers might also claim that they increase horsepower, but this could cause problems with the oxygen sensors and catalytic converters. Quite often, these exhaust systems make vehicles dangerous to drive. The loud sounds can also startle pedestrians, cyclists and new drivers, causing them to act unpredictably.
Offroaders and people who tow commonly make upgrades to the suspension system. Suspension systems can impact the way vehicles react in emergency situations, such as sudden braking or taking sharp turns. Even air suspensions for towing can become dangerous when owners forget to deflate the air on the rear suspension, causing the rear of the vehicle to “over-react” to bumps or turns.
Bigger wheels give vehicles a more aggressive and sporty look. Consequently, over the years, 17 inches has become an almost standard number across the board for wheel sizes. However, increasing the wheel size can confuse the vehicle’s built-in mechanics. For example, it might no longer accurately calculate speed or mileage. It could even cause the safety features on the vehicle to work incorrectly.
Upgrading from halogen to LED lights can significantly improve visibility on the road for the driver, but it can sometimes blind others. This largely comes down to the original casing of the previous halogen lights. Reflective casings make the lights appear even brighter, which can blind drivers in oncoming traffic. Adding light beams on the roof rack and front fascia further compounds the problem.
Some owners with dark vehicles enjoy placing dark covers over the taillights. It creates a more uniform and aggressive look. However, it can also make it more difficult for other drivers to spot taillights in the dark. Consequently, these covers might cause someone else to rear-end the vehicle. While the driver who rear-ends the other vehicle often becomes the at-fault driver, dashcam footage could identify the light cover as the problem.
Of all the vehicle modifications on the list, this is the easiest and cheapest. It is also one of the most common and one that few people consider dangerous. Yet, tags and caution signs on your vehicle’s seats often warn you about using seat covers. That’s because seats in many vehicles now have airbags for your protection. In the event of an accident, covers might prevent them from deploying correctly and could cause injury or death.
Drivers tint their vehicles for a number of reasons. The most common ones include UV protection, privacy and appearance. While these are excellent reasons to tint a vehicle, they present safety issues for law enforcement officers during routine traffic stops and other interactions with drivers. Consequently, most jurisdictions have laws regulating how dark tints can be and where.
Flashy cars often cause distractions, which can lead to accidents. This might not seem like the fault of the modified-car driver, at first, but the driver can become liable anyway. Naturally, driving a nice car is unlikely to cause liability. However, adding neon lights on the undercarriage and wheels along with other expensive modifications might lead to law enforcement or courts holding that person liable for distracting others.
When people bring their cars into the shop for repairs, they generally receive two quotes. The dealership will almost always only pitch drivers on genuine parts, also known as the Original Equipment Manufacturer parts. However, independent shops will offer both the OEM choice and a cheaper aftermarket alternative.
Car repairs can become expensive, especially if completing several repairs and scheduled maintenance items at once. Consequently, many drivers choose to use aftermarket parts. Sometimes, these parts work well and are even comparable to OEM parts. Other times, they can be cheap and dangerous.
Each case is different. An experienced personal injury attorney will need to review the details and determine an appropriate course of action. Even so, there are some common potentials that courts tend to hold responsible.
In most car crash accidents, the at-fault driver’s insurance company represents him or her in court. If the driver did report the upgrades to the insurance company and properly insured these modifications, then the driver may become responsible and the insurance company becomes liable.
People who drive modified vehicles often do not inform their insurance companies of the changes they made. If the insurance company determines that the modifications in any way contributed to the accident, it may have the opportunity to deny the claims. This could make the driver both the responsible and liable party.
Drivers often have no mechanical knowledge of the vehicles they drive, so they rely on professionals to complete upgrades. They also rely on the advice of these professionals, regarding the specific parts to install and how to complete the task. If parts fail because of shoddy work, the mechanic or the employer could become responsible.
When companies make low-quality parts that create obvious safety issues, courts may hold them liable for damages. For example, consider someone who uses an aftermarket steering wheel pump to complete repairs. Despite a proper installation, immediately after leaving the shop, the pump fails and the steering wheel locks on the highway. If proven, the court would likely hold the manufacturer responsible for a resulting accident.
If you own the modified vehicle that caused the crash, you first need to review your policy carefully to determine what it covers. You then need to determine whether the mechanic or manufacturer had a part to play in the accident. If you installed the upgrades yourself, you might find yourself personally responsible for and liable for damages caused.
If you do not own the modified vehicle that caused the car crash, you might have a much better chance of securing compensation for property damage and your injuries. Even if the other driver claims that a mechanic or manufacturer is at fault, you may still sue them directly. The driver might then need to resolve the issue with his or her mechanic or manufacturer via a separate lawsuit.
Only an experienced attorney can review your case and determine an effective way forward. Fielding Law provides clients with direct access to our attorneys and we charge nothing until we resolve the case successfully. Contact us to get a free case review.