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Vacaville Tree Accident Lawyer

uprooted tree

Vacaville residents probably understand the dangers of a tree fall or a heavy limb that suddenly comes crashing down. This is when a Vacaville tree accident lawyer can come to your assistance. A number of injuries and fatalities have occurred that involved local residents. A few years ago, a woman driving in her Toyota died when her car was struck by the diseased branches of a tree that fell. In 2018, multiple injuries were reported at a music event held at Vacaville's History Museum. One woman suffered a broken wrist and vertebrae and had to have embedded tree material surgically removed. 

A falling tree or heavy limb can cause significant injury if it falls in a person's path below. Tree owners or government entities are responsible for maintaining all trees on their properties and removing any that have become a hazard to public safety. Thus, they may be held liable for injuries or fatalities caused by such trees.

I Was Injured by a Tree: Can I Get Compensation?

In California, a specific law states who is responsible for injuries caused by falling trees and limbs. According to California Civil Code 833-834, any injuries caused by a tree standing on private property is the homeowner's responsibility. Two homeowners may be liable for injuries or deaths if a tree or limb falls and injures or kills someone if it straddles the property line. 

Who Is Responsible for a Falling Limb or Tree Accident on Other Properties?

If a tree or heavy limb falls and injures anyone, its location determines who is liable. The maintenance division of the Vacaville Public Works Department handles the trimming of trees on city property and those that are deemed dangerous and have to be removed, including those in medians and parks and between the sidewalk and street. 

What Is the Liability for Apartment Buildings and Businesses?

It is the responsibility of building owners to ensure their trees are maintained and removed if they become a hazard. If someone is injured or killed by a tree falling on their property, the owner would be liable.

What Types of Accidents Are Caused by a Falling Limb or Tree?

Weighing thousands of pounds each, trees are incredibly heavy. This means that even a falling branch can have serious consequences. Trees and their limbs that come crashing down result in a wide variety of dangers and consequences:

  • A falling tree or heavy branch can crush the top of a motor vehicle, resulting in traumatic injuries and fatalities.
  • A falling tree or limb can seriously injure a person, depending on its size and weight. A traumatic brain injury, fractured bones, or spinal cord trauma are the most common injuries and can be life-threatening.
  • Falling trees and branches can cause electric shock or electrocution to someone nearby when they drag down power lines.
  • In addition to upheavals caused by tree roots as they grow, the roots can create trip and fall hazards that can cause serious injuries such as facial and head trauma, broken bones, and lacerations.
  • Tree trimmers often suffer serious trauma when working. If an employer fails to take adequate safety precautions, they may be held liable.
  • When foliage and trees are overgrown at intersections, drivers often have difficulty seeing, which increases the risk of accidents. By blocking intersection views, more vulnerable roadway users such as bicycle riders, pedestrians, and motorcyclists can be severely injured or killed at a dangerous intersection with visibility issues.
What Types of Injuries Can Be Caused in a Tree Accident?

When a tree or branch falls, it can cause devastating injuries and even death. A tree's height, weight, and force are factors that affect the severity of the injury. Several injuries are caused by this type of trauma, including:

  • Accidents involving trees commonly lead to crush injuries, which can require limb amputations.
  • When a heavy limb strikes someone on the head, traumatic brain injuries such as hemorrhage can occur.
  • There is a high incidence of broken bones, including multiple fractures from a tree accident.
  • Permanent paralysis can result from spinal cord damage.
  • Chest trauma such as multiple broken ribs or a collapsed lung happens if a limb falls across the person's torso.
  • Internal bleeding or organ damage can result from abdominal trauma.
  • Fatalities are commonly reported in a tree accident.
What Kind of Compensation Can Be Recovered From a Personal Injury Claim?

An injured party may be able to claim the following losses as a result of a tree accident:

  • Medical expenses can be recovered. Hospitalization, ambulance costs, testing, medications, surgeries, and rehab costs caused by an accident can be recouped. A settlement includes future expenses if the injury continues after a claim is filed.
  • Lost wages are recoverable. In addition to lost wages, bonuses and tips, it may be possible to recover insurance and pension benefits. Injured parties who cannot get back to work or become disabled permanently are compensated for those costs.
  • Loss of consortium, emotional support, companionship, and others may be claimed by the spouse of the injured party. 
  • Besides physical and mental suffering, emotional trauma is a common result of a traffic accident, including post-traumatic stress disorder, which can be compensated.
What Variety of Trees Can Be Found in Vacaville?

Vacaville exhibits a hot Mediterranean dry-summer subtropical climate with heavy clay soil dry during the summer. Native and other trees that are commonly found in the area include:

  • Silk tree
  • European white birch
  • Western and Blue Atlas cedar
  • Canary Island pine
  • Crape myrtle
  • Southern Magnolia
  • London plane tree

When trees are old or fast-growing, they can be in danger of dropping limbs or falling. For example, the above silk trees and European white birches are fast-growing. A tree that grows fast provides shade and beauty more quickly. However, because it does grow fast, it often develops a small root system that makes it more vulnerable to high winds and storms.

How Can I Get Fair Compensation After an Accident Injury Involving a Tree?

Following a tree accident, you have options when you've been injured or if a loved one has died. You can seek compensation with the help of a Vacaville accident attorney. Most personal injuries have a limit of two years to file a claim rather than the shorter statute of limitations for government entities. 

How Are Government Claims for Injuries Caused by Trees Different?

When a tree on city property causes your injury, you have six months to file the claim. You must receive a response from the government within 45 days. The injured party must file a lawsuit within six months if a claim is denied. If the government entity does not respond, you have two years to file a lawsuit. 

You can make a claim before the statute of limitations expires with the help of a tree accident attorney in Vacaville and ensure that the proper parties are held responsible for your injury. The loss or obliteration of evidence makes it essential to contact an attorney as soon as possible. 

Watch this video in which attorney Ed Smith explains what you should look for when seeking legal advice:

Vacaville Tree Accident Lawyer

A Vacaville tree accident lawyer could make a significant difference in your case when you have been seriously injured by a falling tree or branch. We at AutoAccident.com have the resources, experience, and tenacity to assist you in resolving your case successfully. Our verdicts and settlements page shows that we have a proven record of winning case after case. You can contact one of our friendly attorneys for free and friendly advice by calling (707) 564-1900 or (800) 404-5400. You can also reach us online through our website.

Photo attribution: PublicDomainPictures from Pixabay 

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