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Who’s Liable When a Tree Falls on My Car While Driving?

Published on Oct 29, 2020 at 4:13 pm in Car Accidents.

car on road with trees

While driving through Kentucky, especially our rural roads, you could encounter falling trees on the road. If there is severe weather that blows down a tree, or any other reason that a tree falls onto your car while you’re on the road, you’ll likely want to know if anyone is responsible for that tree and the damage done to you or your car so you can recover the cost of the damages done.

Finding liability for an accident where a tree falls on your car can be complex and hard to determine, which is why you could use the help of a car accident lawyer from Golden Law Office. Our experienced team will look into all aspects of the accident so you can rest assured knowing that your claim will be strong and hold the correct party accountable.

Is the Property Owner at Fault?

Determining liability can be difficult when a tree falls on your car while driving. Depending on the situation, nobody could end up being held liable for the fallen tree. For example, if the tree was healthy and a severe storm knocked it over and it fell on your car, then the property owner would not be liable because they did not cause the fall and could not have prevented it.

The property owner could be held liable if the situation was different, though. If the tree that fell was dead or diseased and should have been removed, then the property owner could be liable for not taking action to remove the tree as it was a known potential hazard. If the tree fell on its own, or if the property owner was cutting it down when it fell onto a car, then they could be liable for the damages done because they directly caused the fall.

If a tree is on private property, since it’s falling into the roadway, it could even become the town, city, or other municipality’s responsibility. Not only could they be responsible for the cleanup of the tree because it’s on a public road, they could also be found responsible for the damage because they didn’t remove the tree if it had been diseased or they had previous reason to believe it could fall.

Determining liability after a tree falls on your car can be complex. That’s why you could use the support of a car accident lawyer from Golden Law Office in Kentucky. Our experienced attorneys will be able to answer all of your questions and determine who can be held liable for the damages to your car.

How Do I Recover Damages?

You’ll likely rely on your own car insurance to recover damages for a tree falling on your car. If the cause was out of everyone’s control, like bad weather pushing down a healthy tree, then your insurance will be the only way to recover damages for the damage done to your car, depending on the situation. Hitting a tree while on the road is considered a collision, and would be treated like any other car accident, so you would file a claim with your insurance company to be compensated for the damages.

In Kentucky, you are legally required to carry car insurance. The minimum values of liability coverage you must carry in our state are:

  • $25,000 for one person for bodily injury per accident
  • $50,000 for all people for bodily injury per accident
  • $25,000 for property damage per accident
  • Or a policy with a single limit of $60,000

However, if there were other factors involved, and your lawyer can prove that someone was directly responsible for the tree falling, as discussed above, then you could recover further damages from the responsible party.

Contact Golden Law Office for Legal Representation

A tree falling on your car while driving can be a traumatic experience. You’ll likely want to hold someone responsible for your physical and emotional damages when you weren’t at fault for your collision with the tree. At Golden Law Office in Kentucky, we understand how complex these rare cases can be, and we know you might have many questions about who was liable and if you can recover damages.

With representation from our expert car accident lawyer in Lexington, you’ll feel confident in your case because we will fully investigate the accident and determine if anyone was at fault for the tree’s falling. You deserve to be fully compensated for the damages done when someone else’s negligence caused your accident. Reach out to our office today so we can get started on your potential case.

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