Legal Question in Personal Injury in California
Could neighbor be held partially at fault for not trimming trees?
My son and his friend were riding their dirt bikes when another
motorcycle,( traveling in excess of 50 mph.)struck my son's friends
motorcycle head on which hurled both riders and their bikes into the air.
The first rider and his bike then struck my son who was riding (following)
behind his friend. All three riders were airlifted to trauma centers. The
first rider died while in transport. My son and his friend were flown to
Loma Linda University Hospital. My son's friend was treated and released
later that evening. Although my son is improving, he remains in the I.C.U.
The Hwy patrol said a contributing factor was a large bank of trees that may have inhibited the riders view to see each other clearly. The trees grow through my neighbors fence. It is so dense it causes the road to narrow. Could my neighbor be held partly accountable for not trimming back the tree's, keeping them out of the roadway? We live in a Very rural unincorporated area of San Bernardino county. On a Dirt road that is not county maintained.
Thank you
5 Answers from Attorneys
Re: Could neighbor be held partially at fault for not trimming trees?
I'm glad to hear your son is getting better. It is very possible the neighbor could have some liability here, and would be worth consulting an attorney. This should be done soon, as preserving evidence of the location's condition at the time of the accident could be important.
Re: Could neighbor be held partially at fault for not trimming trees?
Probably.
He won't be very neighborly after you make the claim, but if he has homeowner's insurance there may be coverage for failing to maintain his property and creating a dangerous condition. It would of course be considered secondary to the reckless driving and any neglect by others involved.
Re: Could neighbor be held partially at fault for not trimming trees?
You can certainly make the claim. Success would depend on the actual facts, including the testimony of experts in road and tree maintenence. You have nothing to lose in making the claim as part of the action for his injuries, which should logically focus primarily on the at fault driver and registered owners of the bike. Feel free to contact me if interested in getting legal help, you'll need it.
Re: Could neighbor be held partially at fault for not trimming trees?
There are multipule possibilities including your auto insurance. Yes, your auto policy may cover your son's injuries. We have been very successful with previously untried theories for finding insurance in difficult situations.
With regard to your neighbor, it is possible with the right set of circumstances.
Get a consultation with a very expereinced law firm that are experts in personal injury. The best firms will provide a free consultation and will handle your case without upfront money.
John Bisnar
www.bestattorney.com
Re: Could neighbor be held partially at fault for not trimming trees?
I hope your son is continuing to improve.
Was your neighbor ever reported to code enforcement. How aware was your son of this tree condition before the accident. The speed of the bikes also plays a role
I have a california lawyer friend that I believe had a similiar case. Feel free to contact me for his information.
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