Vallejo Tree Accident Lawyer | Free Consultation

Trees showcase the beauty of Mother Nature, but when they become deadly, you can benefit from consulting a Vallejo tree accident lawyer. When a tree or heavy limb comes down, it can leave devastation if an unsuspecting person is in its path. Because property owners and government entities are responsible for maintaining their trees and removing those that present a hazard, they can be held financially liable when an accident, injury, or fatality occurs.

California law is specific on liability for an injury caused by a falling limb or tree. Under California Civil Code 833-834, if the trunk of a tree stands on one homeowner’s property, they are responsible for any injuries it may cause. However, if the tree straddles a property line, then both homeowners hold responsibility for any injuries or fatalities that occur if a limb falls and injures or kills someone by filing a premises liability claim.

Serious injuries often result when someone is struck by a falling tree or limb. The weight, force, and height of the tree or limb can influence the injury’s seriousness. Some of the most common types of trauma seen in this type of accident include:

• Traumatic brain injuries
• Bone fractures
• Spinal cord damage
• Abdominal injuries
• Skull fractures
• Chest injuries
• Fatalities

A person who is injured in a tree accident can claim the following losses:

• All medical costs associated with the accident are recoverable.
• Lost wages, including tips, bonuses, and insurance and pension coverage, can be recovered.
• Loss of consortium, love, and affection by the spouse is recoverable.
• Pain and suffering can include emotional and psychological trauma.

Responsibility in a falling tree accident or one where a heavy limb injures someone depends on location. In Vallejo, public areas such as parks and the strips between sidewalks and curbs come under the jurisdiction of the city’s Public Works Department. The director of the Public Works Department is responsible for trimming and pruning trees that may present a hazard. The department is also responsible for removing trees and other plants that are potentially dangerous.

Tree removal and even pruning are carefully regulated. If a homeowner, company, or others want to cut one down or remove branches in a public area, they must obtain a permit. A permit is not required if the homeowner or other entity removes suckers, broken or diseased limbs, or the overgrowth impairs pedestrians from using a sidewalk. Otherwise, the city periodically sends its own crew to do the work.

In areas such as shopping centers, apartment buildings, and businesses, the owners are responsible for their trees’ maintenance and removal if they become a danger. If a tree falls and either injures or kills someone, the owner of the property would be liable.

Vallejo has a subtropical climate lies within planting zone 9-b, which has hot summers and a long growing season. Redwoods and Sequoias thrive there. However, fast-growing trees are often planted in the area, such as the following:

• Bald cypress
• Cottonwood
• Chinese tallow tree
• Monterey pine
• Red willow

The problem with fast-growing trees is that their wood is notoriously brittle and weak. Trees with softer wood grow crotches with close angles and forks that can be damaged by time, strong winds, and the added weight of ice or snow. In addition, they are more susceptible to diseases such as cancer, and because they grow fast, their root system tends to be shallow. These fast-growers increase the risk of heavy limbs falling and the tree itself toppling over suddenly.

Trees can weigh anywhere from 1,000 to two million pounds, according to GardenTabs. This means that even a falling limb can cause traumatic injuries to someone on the ground. Some of the dangers of a falling limb or tree and their results include:

• Injuries from a heavy limb that lands on a person depending on size and weight. However, trauma can be life-threatening, including brain injuries, bone fractures, spinal cord damage, and more.
• Electrocution or shock can occur if a branch or tree falls and drags down a power line.
• Tree roots cause upheavals in sidewalks and other areas that present a trip hazard that can result in various injuries, such as facial trauma and broken bones.
• Overgrown trees and other foliage can obstruct a driver’s view, especially in intersections. An obstructed view at an intersection can cause a traffic collision or accident involving a pedestrian, motorcycle rider, or bicyclist.
• A falling tree can land on a motor vehicle, causing fatalities or severe injuries to the occupants inside.
• Workers trimming trees can fall and suffer a fatality or severe injury. When a lack of proper safety precautions by the employer is the cause, they may be held liable.

A Vallejo tree accident attorney can help you obtain the compensation you deserve following an injury or because you lost a loved one. However, the statute of limitations for filing a claim against a private citizen or company differs from those filed against a government entity. You have two years to file against a private citizen or other entity.

In government claims, you have six months to file a claim. The government entity then has 45 days in which to respond. You have six months to file a lawsuit if the claim is denied. If you receive no response from the government entity, you have another two years to initiate a lawsuit. Enlisting the help of a tree accident attorney from Vallejo will ensure that the appropriate at-fault parties are held responsible, and claims are filed on time before the statute of limitations runs out. In addition, evidence can disappear or be covered, so contacting a lawyer to handle your claim as soon as possible is essential.

In the following video, attorney Ed Smith discusses selecting an excellent personal injury attorney for your case.

When you’ve suffered an injury or have lost a loved one due to a falling limb or tree, you have the right to obtain compensation if negligence was the cause. Contact our injury lawyers at (707) 564-1900 or (800) 404-5400 for free and friendly advice. We can review your case, answer your questions and tell you about options to recover compensation. See our past cases of Settlements and Verdicts.

^{Editor’s Note: updated [cha 8.22.23] Photo attribution: by Peter H from Pixabay cd llo [1149] bw}