What do you think is the most dangerous season for drivers? Many of us would think, "Winter, of course, with snow and ice in many parts of the country."
That's what I thought, but was corrected by a longtime friend of this column, Sacramento, Calif.-based Sergeant Adam Barresi of the California Highway Patrol.
"Most people would choose winter," Barresi says, "but statistically, summer months have more fatalities due to increased travel, higher speeds and more drivers on the road, including inexperienced teens.
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"In the summer months, there are so many horrible accidents that result from neglected (vehicle) maintenance. If a part is aging or compromised, the extra stress of high temperatures can cause it to fail."
As we are now in summer, it is worth asking: If an accident results from proven neglected maintenance, can the driver, as well as the vehicle's owner, be held financially responsible?
That was "Jake's" question.
Accidents waiting to happen
"Mr. Beaver, I am a driver for a small package delivery company that services a large area in the western United States. We bring food items to mini markets, parts to automotive repair shops, paper goods to schools and offices — if it is something that a driver can physically carry, we handle it.
"Our vans are older and small. Not all have air conditioning, and in those that do, it frequently doesn't work. The owner's son is now running the business and is a real cheapskate. When mechanical issues are brought to his attention, typically we hear, 'Like your job? Then fix any small things yourself!'
"In reality, most of these vans are accidents waiting to happen, and we are worried about our personal responsibility. We live in a small town where not lots of jobs that pay this well are available, and so we keep quiet.
"But summer is here, and two vans had tire blowouts and tread separation, leading to one going off the road, but no one was hurt. The police found that the tire tread was below safety requirements, but, again, this is a small town, and they did nothing.
"Do you have any suggestions? Would drivers be liable for an accident if it were related to poor vehicle maintenance?"
Driver's duty of care
It's common sense that if we are going to get behind the wheel of a car or commercial vehicle, it needs to be in good and safe mechanical shape.
I can't begin to tell you the number of heat-related vehicular accidents that our law firm handled over the years. When the clock struck summer, a spike in breakdowns/accidents occurred.
Someone was at fault — the owner and possibly the driver — by failing to properly maintain the vehicle with summer heat in mind. Extreme heat exploits existing weaknesses, and regular maintenance reduces the risk of heat-related breakdowns, including:
- Having underinflated, worn tires while driving on hot pavement increases the chance of a blowout.
- Fluid evaporation/degradation can lead to battery failure and an overheated engine.
- Hoses and belts that should have been replaced can fail due to the extra load put on them in extreme operating temperatures.
- If refrigerant is low or leaking in air conditioning systems, drivers could be left without AC when it's the hottest, impairing their ability to drive safely due to excessive cabin heat.
What can happen when a vehicle fails in the heat?
It does not matter how new your car is, heat is a great enemy, and overlooked maintenance items that wouldn't cause a problem any other time of the year can prove fatal in the summer heat.
Just ask any police officer who has seen the results of:
- Tire blowouts at high speeds that lead to multiple-vehicle accidents from swerving, going out of control, striking a pole or going down an embankment, injuring or even killing occupants.
- Loss of brakes on steep hills or congested roads.
- Rear-end collisions caused when an engine or transmission stalls or freezes.
When a car isn't safe to drive and someone gets hurt because of it, it's not just an accident — it's negligence at least, and potentially willful, leading to punitive damages if something really bad happens.
What can employees do?
So, what can employees like Jake do if their employer neglects vehicle maintenance, creating unsafe working conditions? They can file a complaint with OSHA (Occupational Safety and Health Administration).
OSHA regulations require employers to provide a safe workplace, which includes maintaining vehicles in a safe operating condition.
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Ideally, Jake and others should have a meeting with the boss and explain their concerns, but if it is futile to do so, then I would say, "File an anonymous complaint with OSHA."
Also, consider dropping an anonymous note to the company's workers' compensation insurance carrier. A delivery van that is in not-so-good shape invites an accident, injuring employees and triggering workers' compensation claims.
So a "thought you would like to know this" note should trigger an inspection and warning: Unless Uncle Miser maintains his vans, he could face much higher premiums or even cancellation.
Employers who don't give a second thought to the welfare of their employees often pay a high price.
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
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