The law office of AutoAccident.com has handled several cases involving clients who suffered severe injuries caused by falling trees and tree limbs. Our attorneys have the experience needed to navigate the challenges and complexities involved with Martinez tree accident cases. We believe that property owners who neglect tree maintenance should be held accountable if a tree on their property causes injuries or death. Because there are such unique circumstances and many variables in tree accident injury claims, it is crucial that a skilled lawyer is consulted as soon as possible after a tree accident occurs.

Although it may seem like a rare occurrence, Martinez trees, and tree limbs crash to the ground regularly. If there is anything or anyone below the tree, the descent can cause property damage, serious bodily injuries, and even death.

Northern California is at risk for tree fall events. We enjoy large urban forests while at the same time being in a drought-prone region. Lack of water weakens trees and makes them susceptible to breakage. Add to that the fact that the Martinez area often experiences wind gusts, and those factors combine to create a substantial risk of falling trees.

Our law firm has operated for more than 38 years handling complex personal injury matters, including several catastrophic injury cases related to tree accidents. As such, we know what to do if you or a beloved family member has sustained injuries caused by a falling tree or tree branch.

Unfortunately, we know all too well the severity of injuries that a falling tree or tree limb can cause. Some common injury types seen in these cases include:

• Fractured skull
• Traumatic Brain Injury, concussion, and post-concussion syndrome
• Back and neck injuries
• Broken ribs
• Broken clavicle
• Other bony injuries and fractures
• Lacerations and abrasions
• Internal bleeding
• Paralysis
• Death

Due to the velocity of the descent coupled with the weight of a falling tree or large tree branch, if the falling tree strikes a human being, the odds of it causing catastrophic injuries or death are great. Many times a falling tree or branch strikes the unsuspecting victim in the head. That is why traumatic brain injury (TBI) is a common component of tree accident cases. TBI frequently results in permanent disabilities, along with a significant decrease in the injured person’s quality of life. The long-term implications of such severe injuries can extend to not only the victim but to his or her family, as well.

If you sustain injuries in a tree accident, the following are some of the types of monetary damages potentially available for recovery:

• Economic Damages: Medical expenses incurred to date, future medical care needed as assessed by your physician, wage loss – past and future, and property damage, if applicable.
• General (Noneconomic) Damages: Pain and suffering, emotional distress, diminished enjoyment of life.
• Loss of Consortium: If applicable, your spouse may receive compensation due to the loss of marital relationship and companionship caused by your injuries.

The California Civil Code, Sections 833 and 834, determine who owns a tree, and it totally depends on the trunk’s location. If the tree’s trunk is located fully within the boundaries of one lot, the owner of that lot is the only owner of the tree. If the tree trunk spans two or more property lots, the owners of each lot are joint owners of the tree.

Property owners have a duty to maintain trees on their property to not create a danger to others. If the owner knew of the danger presented by a tree’s condition (or a reasonable person should have known) and took no action to remedy that danger, the tree owner will be found responsible for damages if the tree causes injury to another person.

There are intricacies involved in proving that a tree owner knew or should have known of the tree’s dangerous condition. This is another reason that it is important to retain legal counsel with experience in tree accidents.

The personal injury statute of limitations in California is two years, meaning an injury claim must be settled or a lawsuit must be filed with the court before the second anniversary of the subject incident.

There are exceptions to the two-year statute of limitations – for example, if a minor was injured, the two-year time limit starts once the minor turns 18 years old. If the injury occurred on public/government property, the time limit to act is much shorter, usually only a matter of months. Because your rights could be lost if you fail to act within these legal time limits, contact a Martinez tree accident lawyer promptly.

Martinez, California is home to a wide variety of large and leafy trees. It was designated as a Tree City USA for its dedication to the planting and maintenance of trees. Approved replacement trees for the city include the following species:

• Acer palanoides (Norway maple)
• Liriodendron tulipifera (tulip tree)
• Celtus sinensis (Chinese hackberry)
• Pyrus calleryana (Bradford pear)
• Fraxinus ‘Raywood’ (Raywood ash)
• Pistacia Chinensis (Chinese pistache)
• Quercus rubra (red oak)

Some landowners may balk at the expense of paying a certified arborist to inspect and maintain the trees on their property, but there is a good argument as to why it is a solid investment. Proper maintenance of your trees can protect your financial assets. If one of your trees falls and injures someone, the financial damages can be enormous, given the propensity for such incidents to result in severe injuries. Medical bills, wage loss, and other damages rack up quickly. It is not uncommon for settlements of such claims to reach seven figures.

Watch the YouTube Video: below is a 2018 news clip documenting an enormous tree falling on a Martinez resident’s automobile.

Thank you for reading. I’m Ed Smith, a Martinez, California tree accident lawyer. If you or a loved one suffered injuries resulting from a fallen tree or tree branch, please call my office without delay for free and friendly advice. My local and toll-free phone numbers are (925) 428-5220 and (800) 404-5400, respectively. I have more than 38 years of experience handling difficult insurance companies, and the lawyers at my firm will tirelessly advocate on your behalf.

Editor’s Note: This page has been updated for accuracy and relevancy [cha 3.9.22]

Image by My pictures are CC0. When doing composings: from Pixabay

:mm cha [cs 1099]