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Understanding the Potential Dangers of Aftermarket Altered Vehicles
Far too often, aftermarket altered vehicles are modified without proper regard for safety. As a result, these modifications can result in serious and unexpected injuries.
August 13, 2009 /Industrial PR News/ -- Understanding the Potential Dangers of Aftermarket Altered Vehicles
Article provided by Langdon & Emison
Visit us at www.langdonemison.com/
Car accidents can occur for any number of reasons -- talking on a cell phone while driving, traveling too fast for conditions, or simply not paying attention to the road or other drivers. However, if you were involved in an accident with a modified or altered vehicle, there may be another possible cause. This article will explain a little more about what exactly altered or "aftermarket" vehicles are and what you should do if you or a loved one has been injured by one.
What is an Aftermarket Altered Vehicle?
Simply put, an aftermarket vehicle, also known as non-original equipment manufactured vehicle or non-OEM, is a car, truck or van that has been altered or modified in some way after the manufacturing process. This, of course, does not include typical upgrades that an auto dealership may provide, such as a sunroof or a remote ignition. Instead, these alterations include enhanced suspension mechanisms, extension of the passenger compartment, installation of equipment to make a vehicle handicapped accessible, and even modifications to the fuel system.
While some of these alterations may be done with the best intentions -- making a vehicle easier to use for a handicapped individual or allowing someone to use a more environmentally friendly fuel -- these vehicles may present a substantial risk to those driving or riding in them.
Although most vehicles are manufactured by a major automaker and sold to the public without alteration, the automobile modification industry has grown significantly over the years. There are now thousands of modified vehicles on the road. Most people driving or riding in aftermarket altered vehicles do not realize that their vehicle has been modified from the original version. In fact, many vehicles are routinely modified before use by the general public, including:
-Limousines
-Conversion vans
-Handicapped accessible vehicles
-Buses
-Ambulances
-Recreational vehicles (RVs)
-Campers
-Trailers
-Off-road vehicles
Potential Problems and Dangers of Aftermarket Altered Vehicles
The primary problem with aftermarket altered vehicles is the lack of any concrete standards in the modification practice. For instance, when a typical car manufacturer like GM, Chrysler or Ford produces a car, the manufacturers conduct testing and quality assurance checks to ensure that their product comply with basic, minimum safety and environmental standards, including the standards set out in the Federal Motor Vehicle Safety Standards (FMVSS). This basic testing is vitally important to ensure that the public is at least minimally protected from vehicles that may be defectively designed or manufactured.
On the other hand, aftermarket modifications are generally not held to the same standards. In most cases, no regulatory framework is in place to ensure that modifications are made in a safe and responsible way. Aftermarket manufacturers generally do no testing after modification, even though they may have significantly altered the vehicle.
Even major automakers make design errors -- mistakes like the Ford Pinto, GM side-saddle gas tanks or the Ford/Firestone stability problems. However, when altering otherwise safe vehicles, aftermarket modifiers do not always understand the ramifications of altering the original vehicle design. In making their modifications, these companies may inadvertently compromise critical safety features.
Aftermarket modifiers rarely, if ever, use expert engineering advice in designing modifications or consult with the designers of the original vehicles before making alterations. The many existing lawsuits resulting from aftermarket vehicle defects clearly demonstrate the danger in this situation. From cars exploding or burning due to relocation of the fuel tank to ambulances literally falling apart in accidents to roll-over crashes caused by changing the vehicle's center of gravity, the ways to make a vehicle dangerous are as numerous as the ways in which it can be altered.
What Should I Do if I've Been Hurt?
If you or a loved one has been hurt in an accident, your first concern should be taking care of your injuries. As soon as possible afterward, however, you should speak with an experienced attorney about any potential legal claims. It takes an experienced team of investigators to determine if a vehicle has been altered and then to identify the aftermarket modifier who altered the vehicle.
If an aftermarket alteration caused your injuries, there are several options available to pursue your case. You can pursue a negligence claim by showing that the aftermarket modifier failed to use reasonable care in making the modifications. You can pursue a product defect claim by showing that modifications were defectively designed and unreasonably dangerous. You can also pursue a failure to warn claim by showing that the aftermarket modifier failed to warn you about potential dangers caused by the alterations or by showing that the modifier failed to tell you about the modifications altogether.
In making a negligence case it may be useful to use documentation from the original manufacturers that would provide information on how a vehicle should be modified and what sort of modifications are not approved. In addition, expert witnesses such as engineers or certified mechanics can explain why the original design should not have been modified or why the alterations performed were dangerous or negligent.
Each of these potential claims requires extensive investigation and preparation. Your attorney must utilize recognized experts who can explain to the jury how the aftermarket modification caused your injury. Experts must include an automotive design engineer and an accident reconstructionist. In addition, depending on the circumstances of your case, you may also need a fire cause and origin specialist or a forensic medical expert.
In the end, the most important thing to remember is that aftermarket altered vehicles can pose significant risks. If you think one of these vehicles caused or contributed to an accident that injured you or a loved one, do not hesitate to contact an experienced attorney with a record of results against aftermarket vehicle modifiers who can begin investigating your case and pursuing the compensation you deserve.
Article provided by Langdon & Emison
Visit us at www.langdonemison.com/
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