Damage done to cars by fallen bushes.

Lambofdave

Our local road thursday had two bushes down at opposite sides of the road meaning that cars had to drive down the center white line on a bend, this was at 8.30am when I was returning home at 4pm the trees were still there. I was amazed there was no head on collisions, but there was a lot of wing mirrors and skid marks. The land at both sides of the road is owned by the same person. What Im wondering is was their negligence of the part of the owner for not dealing with these trees and for leaving the road in dangerous state for so long and for the subsequent damage to cars?

The trees were removed with in half an hour of my phone call to the guards who were aware of them already and the council who were aware of them as well. Is it not the landowner/tenant who has to maintain the hedges?

No Pants

I would have thought that the road users would be responsible for anything they hit while on the road. Unless you can allege that the bushes were not properly taken care of and would not have fallen otherwise.

vinnie13

the land owner is responsible but why didnt you tell them?

WayneScott

Lambofdave wrote: »

Our local road thursday had two bushes down at opposite sides of the road meaning that cars had to drive down the center white line on a bend, this was at 8.30am when I was returning home at 4pm the trees were still there. I was amazed there was no head on collisions, but there was a lot of wing mirrors and skid marks. The land at both sides of the road is owned by the same person. What Im wondering is was their negligence of the part of the owner for not dealing with these trees and for leaving the road in dangerous state for so long and for the subsequent damage to cars?

The trees were removed with in half an hour of my phone call to the guards who were aware of them already and the council who were aware of them as well. Is it not the landowner/tenant who has to maintain the hedges?

sound like people not driving at a speed where they can stop in the distance they can see to be clear, as they should do, especially in the weather conditions that prevailed.

Victor

Trees or bushes?

Lambofdave

WayneScott wrote: »

sound like people not driving at a speed where they can stop in the distance they can see to be clear, as they should do, especially in the weather conditions that prevailed.

If you can see around corners thats great or that two lanes suddenly become one on a bend, besides you don't expect bushes to be left in a dangerous way for hours and hours.

Lambofdave

Victor wrote: »

Trees or bushes?

Bushes but there was also branches down as well

Lambofdave

vinnie13 wrote: »

the land owner is responsible but why didnt you tell them?

because i had no contact for them and no access to their house, the place has been let for years and the general upkeep of the hedge rows are shocking to say the least

Bepolite

Text book example of novus actus interveniens.

the world wonders

Lambofdave wrote: »

If you can see around corners thats great or that two lanes suddenly become one on a bend,

If it's a blind bend then you should approach it at a speed that allows you to stop if someone else suddenly comes round it. This is elementary road safety and if you don't know this simple rule then you are a danger to yourself and other road users.

besides you don't expect bushes to be left in a dangerous way for hours and hours.

Well maybe you should expect bushes to be lying on the road during the worst storm of the decade.

seamus

Afaik, the landowner is only liable if the tree falls over due to poor maintenance on the landowner's part; dead tree, dead limbs, or a tree obviously in danger of falling over.

If an otherwise healthy tree falls over (or in this case is blown over), the responsibility for cleanup falls onto the person who owns the land where the tree fell. In this case, removing the trees would be the council's duty, at least up as far as the boundary to the land.

Afaik anyway. I think most of this stuff is rooted in common law (no pun intended).

Incidentally, if you crash into a fallen tree which has been there for some time, it's basically your fault for driving too fast. The only exception would be a tree landing on your vehicle or falling into your path while driving.

noel farrell

Maybe we should have a law no hedgerows or trees beside the road, then we will have another brigade complaining all the scenary gone,hard to win all because ,one warnings are not heeded ,two travel at a reasonable speed in what I consider was the storm of a lifetime , 3. As other poster stated be prepared to stop at all times, there are many reasons why farmers or property owners may be slow to clear trees and bushes,,the may be old, the may live elsewhere , the may be afraid to go out, the may not have the required tools to do the job.the may have have several property's, and unlike padre PEO can't be in two places at the one time . sorry for the rant what I am trying to say common scencs should prevail

Lambofdave

the world wonders wrote: »

If it's a blind bend then you should approach it at a speed that allows you to stop if someone else suddenly comes round it. This is elementary road safety and if you don't know this simple rule then you are a danger to yourself and other road users.Well maybe you should expect bushes to be lying on the road during the worst storm of the decade.

Your telling me every blind bend you come to you drop your speed to 10km or so? i don't expect bushes that have been down at 8.30 am to still be there at 4pm

Im sure its all so easy in your utopian world

As I didn't damage my car sure who cares if a land owner is negligent in cleaning up storm damage hours after the storm

Arbiter of Good Taste

Lambofdave wrote: »

i don't expect bushes that have been down at 8.30 am to still be there at 4pm

In the circumstances, I think that's exactly what you should expect.