Vehicle modifications are increasingly popular in Texas. Modifications may affect liability and other aspects of car accident cases that many vehicle owners don’t consider when changing their vehicle’s appearance or function to reflect their style. Here are a few ways vehicle modifications may affect San Antonio car accident cases:
Fault Assignment
Sometimes, modifying a vehicle can affect the assignment of fault. For example, a vehicle that is fitted with performance-enhancing modifications may contribute to a crash. Without such modifications, the accident may not have happened or been as severe. An experienced San Antonio truck accident attorney can work with expert witnesses to learn how a particular modification affected the design or safety of a vehicle.
Compliance with Safety Regulations
Some vehicle modifications – such as oversized tires or lifted suspensions – can negatively impact a vehicle’s safety. If a vehicle owner modifies their vehicle or uses aftermarket parts, modifications must comply with Texas safety regulations. Violating these regulations could shift the blame for the accident onto the driver of the modified vehicle. If the driver of the modified vehicle is found to be more than 50% at fault for the accident, they will be barred from recovering any compensation. If they are less than 50% at fault for the accident, their damages are reduced by their degree of fault.
Effect on Injury Severity
Some vehicle modifications may not cause an accident but can increase the level of severity in case of an accident. For example, a vehicle owner might remove the roof or a side door from the vehicle. This modification can lead to ejection injuries, traumatic brain injuries, amputations, or other catastrophic injuries. The other driver may claim that the driver in the modified vehicle assumed the risk of injury due to these modifications.
Insurance Exclusions
Insurance companies may specifically exclude coverage if a vehicle has been modified as part of its contract with the policyholder. This is more likely to occur when the driver has not disclosed the modifications to the insurer. This could mean that the insurance provider denies your claim. Your only option for recovery may be to sue the at-fault driver.
Adjustments to Property Damage
Custom modifications can increase the value of a vehicle, providing support for a higher property damage award. However, poorly completed modifications may decrease the vehicle’s value. Insurance companies are for-profit companies that will try to devalue claims as much as possible. They may try to claim that the vehicle was worth less than the vehicle owner says it was worth. It can be difficult to value a vehicle when comparable vehicles do not have the same modifications. This underscores the importance of working with a personal injury lawyer in San Antonio who understands all the ways vehicle modifications can impact a car accident claim.
George Salinas Injury Lawyers Can Help
If you were injured in an accident involving a modified vehicle, call George Salinas Injury Lawyers. We can gather evidence, consult expert witnesses, and pursue fair compensation based on the particular details of your case. Contact us today to schedule a free consultation.