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  1. #1
    Join Date
    Feb 2011
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    1

    Default Fallen Tree

    My question involves an injury that occurred in the state of: Virginia

    I was driving my car on a semi-lit road (in the evening) when I struck a fallen tree limb which ended up damaging my car.

    I noticed that the large tree branch (approx. 25' in length) which was partially in the road had fallen from a very large three on a person's property. After my initial shock, I called my insurance agency and the police (to file an event report). I wanted to know if there are any VA (Fairfax County) laws regulating home owners for clearing fallen trees, branches and debris from the roadway in a reasonable amount of time. I feel upset that this accident could have been prevented if the tree was cleared from the road; I am asuming that the large branch was downed by the recent snow storm about a week ago.

    Thanks in advance.

  2. #2
    Join Date
    Mar 2008
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    1,995

    Default Re: Fallen Tree

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    My question involves an injury that occurred in the state of: Virginia

    I was driving my car on a semi-lit road (in the evening) when I struck a fallen tree limb which ended up damaging my car.

    I noticed that the large tree branch (approx. 25' in length) which was partially in the road had fallen from a very large three on a person's property. After my initial shock, I called my insurance agency and the police (to file an event report). I wanted to know if there are any VA (Fairfax County) laws regulating home owners for clearing fallen trees, branches and debris from the roadway in a reasonable amount of time. I feel upset that this accident could have been prevented if the tree was cleared from the road; I am asuming that the large branch was downed by the recent snow storm about a week ago.

    Thanks in advance.

    If you have insurance coverage on your car, your insurance company would more than likely go after either the homeowner or the county. Sounds to me to be a county or local road.

    Where I am, the municipal authorites clear the roads, we had a small tornado that went through my neigbhborhhood last year, the center of it about a block away from my home. A light pole, power lines, and a large tree fell down, with the power lines, sparking away laying on top. The large tree laid across the road, and major thouroughfare for nearly a week.

    Finally, city crews came by to clear it. Why did it take a week, and people around here asked the same question you asked "is there a certain amount of time"?? Our local authorities reminded us that the tornado knocked down trees and lightpoles all over town, and they give priority to major thouroughfares, so a "not that busy" local road would be done later, and it might mean "in a week".

    Ours is a major road, but it's a secondary road. Local homeowners did put up "police barricade tapes", and later on, orange cones a block before it to warn oncoming cars. I heard speeding cars did screech on brakes and nearly hitting the fallen tree on a few occasions.

    Keep in mind that unless the owner plans to go to the middle of the street himself with chainsaws, usually in major storms, if you hire professionals, it's not an issue of "I want you here tomorrow morning". These people undoubtedly have to deal with trees that fell down all over town, and in my area in recent weeks, to areas around power lines. I had that problems in previous windstorms trying to get "roof tiles" that were blown off replaced only to find all the local roofers booked up, for weeks.

    Your insurance company for one should be up on if there are laws regulating homeowners followed by the town. One approach is to get after the town or county, and they would tell you "no no, the homeowner is supposed to handle it".

    In my area at least, it's not the homeowner, as I see city crews clearing the debris away around here.

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