Tree Accident at Broadway Park in Turlock
Officials in Turlock reported a tree accident at Broadway Park during a windstorm on the late night of Wednesday, December 15, 2021. The incident took place around midnight and affected three parties in two separate vehicles.
Details on the Tree Accident at Broadway Park in Turlock
A 66-year-old Turlock man was lying down to rest in the back of his Volvo parked at Broadway Park when he heard a sound described as cracking. He said an oak tree had fallen onto his vehicle, dented the roof, and trapped him in a weird position within his car. Fire crews were called to the scene to rescue the man approximately an hour later with the use of a hydraulic extrication tool.
Part of the oak tree was also said to have fallen onto a GMC that was parked behind the Volvo. The front of the GMC was the affected area, and the impact reportedly caused damage to the roof and the windshield. Two occupants were inside the GMC at the time of the tree accident. It was not immediately clear whether all three parties were hospitalized for any injuries that may have been suffered in the incident.
What You Should Know About Tree Accidents and Personal Injury Claims
When a heavy limb or a giant tree comes crashing down, the sheer weight may cause substantial force that is more than what a human body or motor vehicle may handle. Under California law, property owners have a duty to conduct inspections on all trees on their property and determine how hazardous or healthy they are. It is the responsibility of the property owner to remove the entire tree or limbs if it poses a significant hazard and to ensure the safety of others. Failure to do so may result in a premises liability claim against the at-fault party.
There are factors that may come into play on whether the owner of the property should have foreseen the possible dangers that may accompany trees on their property. This may include the type of property involved in the incident, like; if the area was rural and a large portion of it was heavily wooded, then questions may arise as to if the property owner was aware of the given conditions and should have maintained the trees as necessary. If the tree accident took place on a residential lot, the owner should have foreseen the risk of injury to others and thus, increased the owner’s duty of care to maintain their property. Under the California Civil Code Section 833 and California Civil Code Section 834, a tree and trunk that stands on an owner’s property are considered to belong to that owner only.
When the incident takes place on public property, the government entity responsible for the design and maintenance of the property may be held liable. Keep in mind that a different filing deadline may apply under these circumstances. Instead of the two-year statute of limitations that generally applies to injury cases, a notice of claim must be filed with the public agency within six months of the accident date. This is by the California Government Code Section 911.2. Failure to meet the deadline may result in the dismissal of the case. Learn more about the factors that may influence the value and validity of a personal injury case by watching this video.
About Our Law Firm
Most tree accidents are preventable and often occur because of property owner negligence. As an injured party, you deserve to be fairly compensated for the undue harm you have suffered because of the incident. Recovering financial compensation is not always easy as it must be established that the other party’s negligence was the direct cause of resulting injuries and damages. This process, more often than not, requires an independent investigation by an experienced injury lawyer.
At our law firm, we will investigate your case, interview witnesses, review video surveillance of the accident scene, take photos of the fallen tree immediately after the incident, and consult with an accident reconstruction expert when necessary. Our goal is to obtain the best outcome possible in your case. Give us a call today to schedule a free consultation with one of our compassionate and dedicated attorneys.
Personal Injury Attorney in Turlock
I’m Ed Smith, a Turlock personal injury attorney. When you have suffered injuries in a tree accident in Turlock or elsewhere in Stanislaus County, you can depend on our law firm to help you determine whether you have grounds to seek financial compensation from the owner of the property. We have helped many clients injured in all types of accidents with their injury cases since 1982, and we can help you with yours too. Give us a call today to speak with one of our attorneys and learn about our services at (209) 227-1931 or (800) 404-5400. We offer free, friendly case advice.
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