For those in the business of dissecting vehicle accidents for insurance companies and attorneys, the fiery event underscores a stark reality: modified vehicles, whether they are tuned-up cars, vans for the disabled, or stretched luxury limos, are vulnerable to litigation when drives go awry. This is true whether or not the vehicle comes from an original equipment manufacturer (OEM)-authorized converter or a “Mom and Pop” shop.

Consequences of Customization

Even a small change, like installing after-market catalytic converters, can have a cascade effect on vehicle operations. Now just imagine the potential impact of a complete transformation. For instance, converting a Hummer from a rock-crushing ride to an improbably long prom-queen coach requires fearsome re-engineering of the body, as well as all the operating systems. By law, the modifications must meet Federal Motor Vehicle Safety Standards (FMVSS) and state regulations in order for the vehicle owner to secure licensing and usage permits. However, the system is vulnerable to spotty oversight and enforcement. This means vehicle buyers must perform due diligence. They need to ascertain the certifications and qualifications of the shops while gathering information about the respective reputations before purchasing/renting a ride. Even when every precaution is taken, bad things can still happen.

In another tragic case, a fatal van crash revealed an unforeseen consequence of a customized conversion. The van owner was a quadriplegic who commissioned extensive vehicle changes in order to enable his mobility. Alterations to the van's internal configuration allowed him to enter/exit the driver's seat and operate the vehicle with complete control. Unfortunately, the driver subsequently experienced a failure in the left front tire when operating the van. He lost vehicle control, crashed, and suffered fatal injuries. Later examination of the van revealed signs of over-deflection in the tires. A tire expert investigated the tire failure hypothesis by weighing each wheel position, using extra ballast where required. It turns out that the vehicle modifications that were commissioned exceeded the load ratings of the tires, leaving them vulnerable to failure with use. This also adversely affected the handling and control properties of the vehicle. Tires with greater load ratings were needed for this modified vehicle.

Consumers should take a measured approach to purchasing or commissioning modified vehicles. Identify reputable dealers with excellent track records for delivering quality vehicles and customer service. Always ask detailed questions about how the changes done to the OEM vehicle affect handling. Relatedly, ask how the modifications impact retained OEM components like the suspension and wheels. Take full advantage of training opportunities to acclimatize to the challenges of driving a converted vehicle.

Ultimately, accident investigations for modified vehicles are painstaking because much attention must be paid to the changes that diverge from the OEM standards and whether they adhere to FMVSS regulations. Failure to follow established guidelines or making modifications that increase the possibility of malfunction expose the conversion shop and related parties to litigation risk.