Nobody expects a leisurely drive down Route 52 near Longwood Gardens to turn into a harrowing ordeal. But when a tree comes crashing onto the road, causing an accident, it’s natural to wonder about your legal rights. If injured by a falling tree that blocked your path unexpectedly, do you have the right to make a pain and suffering claim, even when it’s a one-car accident?
Understanding Pennsylvanian Law
Under Pennsylvania law, the concept of negligence plays a crucial role in determining liability. To recover damages for pain and suffering, you must show that another party acted negligently and that their negligence caused the accident which resulted in your injuries. But what happens when the accident involves inanimate nature?
Property Responsibility and Duty of Care
One must examine the origin of the falling tree. If the tree was located on government property, the question arises whether there was a breach in the government’s duty to maintain the premises safely. Similarly, if an individual owns the property, one must investigate if they neglected their duty to ensure the tree was not hazardous.
However, proving negligence isn’t straightforward. The defendant — be it the government or a property owner — might argue that certain weather conditions were extraordinary and, thus, the event was unforeseeable and unavoidable. If this “Act of God” defense holds, establishing negligence might be more complex.
Drivers’ Responsibility
On the other hand, drivers have a duty to maintain control of their vehicles and react appropriately to avoid accidents. Yet, a tree falling right before you hardly leaves room for reaction. This aspect would need careful examination against what’s reasonably expected from a driver in such split-second scenarios.
The Importance of an Experienced Personal Injury Lawyer
Given the complexities of such claims, seeking the services of an experienced personal injury lawyer is paramount. A lawyer adept in such cases would know precisely how to navigate these intricate legal waters to identify negligence, or alternatively, argue against any duties that could be overly burdensome or impossible for a driver to meet.
Why Choose Ciccarelli Law Offices?
When dealing with the aftermath of such an unforeseen incident, it’s crucial to turn to seasoned professionals. Ciccarelli Law Offices stand out due to our agility, experience, and robust knowledge of Pennsylvania law. We comprehend the nuances that come into play when a serene drive turns perilous, and we are committed to helping our clients explore all avenues for rightful claims.
When it feels like nature itself has turned against you, we’re here to help uphold your rights. If you find yourself injured due to a tree falling on your path without warning, contact Ciccarelli Law Offices. Our dedication is as steadfast as the oaks, and we’ll work tirelessly to ensure your claim isn’t just a shot in the dark.
Contact us at Ciccarelli Law Offices for a consultation — because when the roots of responsibility are deep-seated, you need a team that can dig down to the truth.
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The contents of this blog post are intended to convey general information only and not to provide specific legal advice or to form an attorney-client relationship. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.