What is the most dangerous season to be driving?

Did you think, “Winter, 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-based Sgt. Adam Barresi of the California Highway Patrol.

Barresi acknowledges, “Most people would choose winter, but statistically, summer months have more fatalities due to increased travel, higher speeds, and more drivers on the road, including inexperienced teens.

“Also, there are so many horrible accidents that result from neglected 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.

Q I am a driver for a 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 fleet are older vans, not all have air conditioning and in those that do, frequently it 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 drivers 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 blow outs and tread separation leading to driving off the road, but no one was hurt. The police found 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?

A No one would seriously doubt 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 numbers 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. Here’s why they were responsible:

Extreme heat exploits existing weaknesses. Regular maintenance reduces the risk of heat-related breakdowns, including:

• Worn, under-inflated tires on hot pavement increases the chance of a blowout.

• Fluid evaporation and degradation leads to battery failures and engine overheating,

• Hoses and belts that should have been replaced and failed due to the extra load put on them by extreme operating temperatures.

• Air conditioning systems — If refrigerant is low or has a leak, drivers could be left without AC at the worst time, impairing their ability to drive safely due to excessive cabin heat.

It does not matter how new a vehicle, heat is a great enemy, and overlooked maintenance items which would never cause a problem any other time of the year, in summer can prove fatal. Just ask any cop who has seen the results of:

• Tire blowouts at high speeds leading to multi-vehicle accidents from swerving or simply going out of control, striking a pole or down an embankment, injuring occupants.

• Brake loss on steep or congested roads

• Rear-end collisions caused by an engine or transmission suddenly stalling or freezing.

When a car isn’t safe to drive and someone gets hurt because of it, it’s not just an accident — it’s negligence. Given an employer who willfully refuses to perform vehicle maintenance, should something really bad occur because of it, we’re talking potential punitive damages.

So, what can employees do?

Employees can file a complaint with OSHA (Occupational Safety and Health Administration) if their employer neglects vehicle maintenance, creating unsafe working conditions. OSHA regulations require employers to provide a safe workplace, which includes ensuring that company vehicles are maintained in a safe operating condition.

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 just say, “Skip it and file an anonymous complaint with OSHA.”

Also, as a delivery van that is in not-so-good-shape invites an accident, injuring employees and a workers compensation claim. So, an anonymous “Thought you would like to know this” note sent to the Workers Compensation carrier should trigger an inspection and warning that, unless uncle miser maintains his vans, he could face much higher premiums, or cancellation.

False economy has a way of getting even with employers who don’t give a second thought to the welfare of employees.

Dennis Beaver practices law in Bakersfield 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.