BALLOON VENDOR AVOIDS CRIMINAL & CIVIL CHARGES IN EMPLOYEE CAR ACCIDENT
Highlights
- Cummins & White’s expertise in hazardous materials transportation and vehicle code violations helped it successfully represent a dealer in commercial advertising balloons when there was a chance it would be cited for numerous violations after one of its employees was killed in a single-car accident while driving to Las Vegas.
- No charges were filed, and the small, family-owned company avoided fines in excess of $100,000, which would have driven the firm out of business. Avoiding criminal charges also put the company in position to avoid future civil liability claims in connection with the accident and death of its employee.
- When investigators unexpectedly showed up to search the business, Cummins & White handled all interactions, including requesting a warrant and observing the search and seizure of maintenance records—a stressful situation for the client.
Attorney
Case Study
Charles Spagnola of Cummins & White, LLP successfully represented a dealer in commercial advertising balloons and balloon decor, when one of its employees was killed in a single-car accident while driving from Orange County, CA to Las Vegas. Accident investigators speculated that the driver fell asleep at the wheel and hit a tree, causing several canisters of helium to pin him against the steering wheel. During the investigation, the balloon vendor’s headquarters were searched and maintenance records were seized. The business was initially accused of violating several hazardous materials transportation and vehicle code regulations. However, after working closely with the accident investigation team, Mr. Spagnola was able to establish that the balloon vendor was not at fault, and no criminal charges were filed.
Background
An employee of an Orange County-based dealer in commercial advertising balloons and balloon décor was driving a company van to Las Vegas when he fell asleep at the wheel and struck a yucca tree. The van was carrying 12 helium canisters weighing 150 pounds each, which had not been secured by the employee before he left. As a result of the collision, the unsecured cylinders moved forward, pinning the employee against the steering wheel. The driver died at the scene.
Investigators from the California Highway Patrol, the California Department of Motor Vehicles, and the San Bernardino County Sheriff’s Department handled the case. Because a business vehicle was involved and the load was not secured, investigators served a search warrant at the balloon vendor’s place of business and seized numerous maintenance documents.
Initially, the investigative team claimed that the balloon vendor violated 11 hazardous materials transportation and vehicle code regulations. The primary allegation was that the company did not have a valid hazardous materials transportation license (required when transporting more than six cylinders of helium). Other related claims included:
- Improper permits and inspections
- Failure to keep a driver’s log book
- Failure to post hazardous materials placards on company vehicles identifying contents
- Failure to provide hazardous materials training for drivers
Legal Strategy
Cummins & White provided assistance to the balloon vendor in three phases. First, immediately after the accident, Charles Spagnola, counsel from Cummins & White, worked with the client to formalize existing operating and safety procedures to avoid any appearance of a subpar safety program. Mr. Spagnola assisted in implementing the formalized procedures and provided those protocols to investigators.
Second, Mr. Spagnola collected and presented evidence showing that the driver violated numerous safety procedures established by the client regarding the transportation of helium. This work included producing evidence showing that the amount of helium in the van was an anomaly and that the driver took the wrong vehicle, overloaded it, did not secure the load, and left at 4 a.m. in the morning when there was no supervisor on duty to ensure compliance with company regulations.
Finally, Mr. Spagnola worked closely with the balloon vendor when investigators unexpectedly arrived at its place of business. Mr. Spagnola responded immediately to a call from the client and handled all interaction with the investigators, including denying access without a warrant, and once a warrant was secured, observing the search of the business for maintenance records.
Result/Implication
By working with the client to formalize existing operating and safety procedures and providing substantial evidence that the driver disregarded those procedures, Mr. Spagnola showed that no fault could be placed on the balloon vendor, but rather should be borne by the employee driver. Negotiations with investigators from three separate agencies ultimately ended without a referral to the San Bernardino County District Attorney’s Office. As a result, no criminal charges were filed, and the client was able to avoid a costly and time-intensive trial.
According to Mr. Spagnola, the decision not to file criminal charges was a tremendous victory for the balloon vendor, as fines in excess of $100,000 would have driven the company out of business. In addition, he noted that avoiding criminal charges also put the balloon vendor in position to avoid future civil liability claims in connection with the accident and death of the employee.
“This experience shows the value of having counsel involved as early as possible in order to save time, money, and heartache,” he said. “Our client had adequate safety and operating procedures in place. We worked with our client to formalize the procedures in anticipation of the investigation and were able to show that policy was in place to avoid a similar accident in the future. We also interacted with investigators, first requesting the warrant and then during the search of the business—a very stressful experience for the owners. In the end, no fault was assigned, and our client continues to operate a profitable business.”
