In some cases, damage to a motor vehicle is covered under an individual’s auto insurance policy or the insurance coverage of the property owner from which the tree fell. In the event that damage is not covered by either of these types of insurance, there are several other parties that can be found potentially liable for such an accident.
Negligence Claims
One of the most common ways that individuals are able to receive compensation for the resulting damage from car accidents caused by falling trees or parts of trees are negligence actions against the owner of the property. Negligence requires an individual to demonstrate that the property owner failed to exercise reasonable care to another person. A property owner who fails to take reasonable measures to prevent motorists from being hurt by falling trees or tree parts on the owner’s property is often found liable under a legal theory called premises liability.
In many cases, it is difficult to demonstrate that a property owner failed to use reasonable care in maintaining trees that were located on the individual’s property. Accident victims often must demonstrate that the resulting damage was caused by a tree that the property owner should have known was likely to fall or lose limbs in a way that would be dangerous for motorists.
Trees That are Owned by the Government
If the tree or part of the tree that falls is from property that is owned by the state of Michigan, a city, a county, or any other type of government entity, an individual will need to follow special rules in filing a legal action against this entity. In many cases, these actions must be filed within a particular amount of time. In a large number of situations, government entities are also protected from these types of liability claims due to immunity statutes.
If you are injured by a falling tree or parts from a falling tree, do not hesitate contact a skilled Michigan personal injury lawyer like the legal counsel at Jay Trucks and Associates for a free evaluation of your claim.
