Is the state responsible for an accident if a tree is across the road and someone hits it.

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Is the state responsible for an accident if a tree is across the road and someone hits it.

My son had an accident involving a tree that had fallin down across the road. He was ok but it did alot of damage to the vehicle. The state if Tennessee

Asked on May 15, 2009 under Accident Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although this depends entirely on the facts, if the tree was in the road, and it could have been seen in time to stop by the reasonable driver who was driving in compliance with law (such as lights on, withing the speed limit, etc.), it seems to me your son would be primarily negligent.

On the other hand if the tree was in a blind spot in the road, the state had knowledge that it was there for some time, yet it did nothing to take it off the road or mark it to enable drivers to know it was there and stop in time, the state or municipality may have some of the blame.

 


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