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Drivers never expect a tree to suddenly crash onto the roadway. Falling trees can cause devastating accidents, resulting in serious injuries, extensive vehicle damage, and even fatalities.
After a tree-related crash, many people assume the incident was simply an unavoidable accident. Insurance companies reinforce this belief by often labeling the event an “act of God.”
However, that is not always the case. In many situations, a falling-tree accident may have been preventable, and another party could be legally responsible for the injuries and damages.
Understanding the difference between a natural disaster and negligence is critical when pursuing compensation after a tree fall-related car crash.
If a falling tree caused your crash, do not assume the insurance company’s explanation is the final word. A car accident lawyer can investigate whether negligence played a role and help you pursue the compensation you deserve.
What Is Considered an “Act of God”?
An act of God is a legal term used to describe a natural event that could not have been predicted or prevented.
Examples may include:
- A severe windstorm that uproots a healthy tree
- A lightning strike that causes a tree to fall without warning
- Extreme weather conditions that cause healthy trees to uproot or break
When a healthy tree falls because of an unexpected natural event, there may be no liable party. In these situations, drivers rely on their own comprehensive insurance coverage for compensation.
However, not every falling tree accident qualifies as an act of God.
The question is whether the tree fell due to an unforeseeable natural occurrence or because a dangerous condition existed before the storm or weather event.
When Is a Falling Tree a Preventable Hazard?
Many tree-related crashes occur because a tree was already dead, diseased, damaged, or structurally unstable before it fell.
Common warning signs include:
- Visible rot or decay
- Dead branches
- Large cracks in the trunk
- Leaning toward a roadway
- Root damage
- Evidence of disease or infestation
When these warning signs exist, the responsible party may have had a duty to inspect, maintain, or remove the dangerous tree before an accident occurred.
In these cases, the issue is whether someone knew or should have known that the tree posed a hazard.
Who May Be Liable for a Tree Fall Car Accident?
Identifying who may be responsible for a tree fall accident is not always straightforward. Liability depends on where the tree was located, who was responsible for maintaining it, and whether warning signs existed before it fell.
Private Property Owners
If a homeowner, business owner, landlord, or commercial property owner failed to address an obviously dangerous tree, they may be liable for injuries caused when that tree falls onto a roadway.
For example, liability may arise if:
- The tree was visibly dead or diseased
- The owner received complaints about the safety of the tree
- An arborist previously identified the tree as hazardous
- The tree had a history of dropping large branches
Property owners cannot ignore known hazards and then avoid responsibility when someone gets hurt. In some situations, liability may also arise when an owner fails to conduct reasonable inspections that would have revealed obvious signs of decay, disease, or structural instability.
Government Entities
Many trees located near public roads, highways, parks, and municipal properties are maintained by government agencies.
Depending on where the accident occurred, liability could involve:
- A city or town government
- A county highway department
- The New York State Department of Transportation
- Another public agency responsible for roadway maintenance
Claims against government entities are often subject to special rules and strict filing deadlines. In New York, injured victims generally must file a Notice of Claim within 90 days.
Failing to meet these deadlines can jeopardize a valid claim. An experienced car accident lawyer can help ensure that all appropriate deadlines are met and paperwork is filed to protect your right to a claim.
In some situations, private contractors hired to inspect, trim, remove, or maintain roadside trees may also share responsibility if negligent maintenance contributed to the dangerous condition.
Other Drivers
In some cases, a falling tree may trigger a chain-reaction crash. For example, a driver may stop suddenly to avoid a fallen tree in the road, only to be struck by another vehicle that was following too closely or driving inattentively. Or, a driver may swerve into oncoming traffic to avoid the tree and strike another vehicle head-on.
Even if the tree never directly strikes a vehicle, the property owner’s liability may still exist if the hazardous tree created the emergency that led to the collision. Depending on the circumstances, both the party responsible for the tree and another negligent motorist may share responsibility for your injuries and damages.
An auto accident lawyer can help determine which driver in the collision had the greatest responsibility to avoid the crash and help prove negligence through evidence such as accident reconstructions.
What Evidence Can Help Prove Liability?
Fallen tree accident cases often depend on proving that the dangerous condition existed before the crash and that someone failed to take reasonable action.
Important evidence may include:
- Photographs of the fallen tree
- Video footage from nearby cameras or dashcams
- Evidence of rot, disease, or structural damage
- Tree maintenance and inspection records
- Prior complaints from neighbors or community members
- Witness statements
- Weather reports and storm records
- Arborist or tree expert evaluations
- Police accident reports
This evidence can help demonstrate whether the tree’s condition was foreseeable and whether reasonable steps could have prevented the accident.
Why Insurance Companies Often Deny These Claims
Insurance companies aggressively defend falling tree cases. Their goal is to classify the incident as an unavoidable natural occurrence rather than a preventable hazard. By doing so, they may avoid paying compensation or reduce the value of a claim.
Common arguments insurers make include:
- The tree appeared healthy before it fell
- No one had notice of a dangerous condition
- The weather was solely responsible
- The accident was unavoidable
Insurance companies often cite weather conditions as evidence that the incident was unavoidable. However, severe weather does not automatically eliminate liability if a tree was already dead, diseased, or structurally compromised before it fell. A storm may trigger the collapse, but negligence may still have contributed to the dangerous condition. For example, a healthy tree falling in a storm is unlikely, but a damaged tree falling in a storm is easily foreseeable.
Insurance adjusters begin investigating immediately, often looking for reasons to minimize liability. They may request recorded statements or attempt to settle a claim before a full investigation has been completed.
Accepting a quick settlement can leave injured victims without the compensation they need for future medical treatment, lost income, and other damages.
How a Car Accident Lawyer Can Help
Identifying the responsible party may require obtaining maintenance records, consulting arborists, reviewing weather data, and investigating whether prior warnings existed.
In many cases, evidence must be preserved before the tree is removed, cut apart, or discarded.
An experienced car accident lawyer can conduct a thorough investigation, secure critical evidence, negotiate with insurance companies, and pursue compensation for:
- Medical expenses
- Lost wages
- Future treatment costs
- Pain and suffering
- Property damage
A falling tree may appear to be a random act of nature, but appearances can be deceiving. When a tree was dead, diseased, neglected, or previously reported as hazardous, the crash may have been entirely preventable. Determining what happened requires immediate investigation before critical evidence disappears.
The car accident lawyers at Catalano Law can evaluate your case, identify potentially liable parties, whether the property owner or another driver, and fight for the compensation you deserve. Contact us today for a free consultation.
