Aftermarket vehicle modifications are common among vehicle owners in Texas. Some modifications change the appearance or style of a vehicle while others modify performance. If a car accident investigation finds that a vehicle modification caused or contributed to the crash or injuries suffered, the person responsible for the modification could take the blame. Make sure to speak with an experienced car accident lawyer in San Antonio for legal guidance.
Legal vs. Illegal Vehicle Modifications in Texas
Texas has laws in place regarding motor vehicle modifications and customizations. In general, they are only permitted if they do not negatively impact the safety or drivability of the car. There are specific regulations in place regarding the modification of certain vehicle parts.
For example, the following mods are prohibited in Texas:
- Windows or windshields tinted darker than the legal limit (Texas Administrative Code, Title 37, Part 1, Rule 21.3).
- Headlights that are any color but white, are tinted or covered, create a glare, or are not bright enough (Texas Transportation Code § 547.3215).
- A muffler that has been cut or bypassed to create excessive or unusual noise (Texas Transportation Code § 547.604).
- A vehicle that has been lifted beyond the maximum height in Texas (14 feet, including the vehicle’s load) (Texas Transportation Code § 621.207).
Making an illegal vehicle modification in Texas is a misdemeanor that can result in a ticket and fine. An unlawful aftermarket mod could also place the blame on the vehicle owner or part installer for a related traffic accident or injury.
Who Is Liable for a Car Accident Caused by Vehicle Modifications?
Both legal and illegal vehicle modifications in Texas can potentially contribute to an accident. Changing the height or lift of a vehicle, for example, could affect how the vehicle handles and its ground clearance. Altering the brakes could lead to brake failure at a critical moment. Changing seat belts, seat covers, wheels, tires, suspension or the engine can also be dangerous, even if it is technically legal.
If any aftermarket changes to a motor vehicle contribute to a crash, the following parties could potentially be held responsible:
- The vehicle owner
- The installer of the part
- An auto mechanic
- A vehicle maintenance person
- The part manufacturer or distributor
The party liable, or legally and financially responsible, for the accident will depend on the circumstances. An investigation will be completed to determine the role that the vehicle modification played in the car accident, if any, as well as who is responsible for said modification.
Challenges in Vehicle Modification Car Accident Cases
As a victim injured in a crash caused by a vehicle modification in Texas, you have the responsibility of proving fault. You may need to hire a San Antonio personal injury lawyer to help you gather evidence of liability, such as photographs of the mod, information about the aftermarket part used and statements from automobile safety experts.
You may also encounter coverage issues if the owner of the vehicle did not correctly report the modification to his or her car insurance company. If an aftermarket vehicle upgrade or alteration is not disclosed to an insurance company, the insurer may deny coverage for a related crash. This can make it more difficult to secure the financial compensation you need without help from an attorney. Contact us today.