BEWARE OF FALLEN TREES!

 Photo from CBS News, March 2023

FALLEN TREES ON THE RISE

Have you seen a fallen tree within the last few weeks? Recent storms in the Bay Area have caused a huge increase in this usually rare occurrence.  Caused by 2023’s atmospheric rivers and accompanying high winds, every Bay Area neighborhood seems to have at least one instance of a fallen branch or tree that could affect the roadway.

And fallen trees are no joke. While some trees slowly ease into a heavy thud as they hit the ground, others split and fall so quickly that normal reflexes don’t allow you to avoid them. 

AVOID FALLEN TREE DANGER

What should you do during this time when falling trees are a definite risk? Until the current wave of storms is over, you should drive more slowly in any area where you see trees. This is true even if you think the trees are small, or too far away to hit the roadway. Large trees can blow over onto slick, wet ground and hydroplane at a great speed. They can also travel a large distance. Driving into a large tree can cause significant damage and injury. It can even cause death. At nighttime, this danger increases exponentially since darkness can prevent you from seeing the tree until it is to late to avoid it.  

BLOCKING THE ROADWAY

Photo from FOX2 News, March 2023

What if you come upon a fallen tree blocking the roadway? First, stop and put your hazard lights on. This will alert drivers coming up behind you. Call 911 and report your location.  Even if you can drive around the tree and continue, call 911 so they can remove this hazard and prevent crashes.  If you have a road flare, place it between the tree and oncoming traffic, when it is safe to do so. Make sure the flare is far enough away from the tree to allow drivers to stop in time and so that the flare doesn’t cause the tree to catch fire.

If the fallen tree has already caused injury or a life-threatening situation, make sure your own vehicle is stopped, with your hazard and headlights on and the engine turned off. Call 911 and render aid if possible.

BEWARE OF POWER LINES & GAS LEAKS

If there are downed power lines, STAY AWAY FROM THEM AND ANYTHING THEY ARE TOUCHING.  Always assume that downed power lines are live and can cause electrocution. Call 911 immediately so that emergency power services can take care of the downed power lines as soon as possible. If you smell a gas leak, near the fallen tree. Have everyone, including yourself, leave the area and go in an upwind direction. When you are a safe distance away 911. While you are near a gas leak, do not do any of the following because doing so may trigger a spark or cause an explosion:

• Use your phone, even your cell phone, which may trigger a spark.
• Turn an electric switch on or off.
• Light a flame of any kind or smoke a cigarette.

If a fallen tree has caused damage to your vehicle, and there are no emergency situations, take photos of the damage, the tree and the surrounding area, only if it is safe to do so. You will need the photos for your insurance agency. 

WHO PAYS IF A TREE DAMAGES YOUR VEHICLE?

Generally in the state of California, when a tree falls and causes damage to your vehicle, you or your own automobile insurance has to pay for any repairs. When a storm or earthquake causes a properly maintained tree to fall or lose a limb, the damage will be considered an act of God and the owner of the tree will not be held responsible. However, if it is determined that the tree owner did not properly maintain the health of the tree it is a different story. If they had failed to keep the tree properly trimmed, and prevent any potential dangers posed by it will give rise to the owner’s liability for harm caused. That being said, it is often very difficult to prove that the tree was not properly maintained, especially during a time of heavy storms. Additionally, even when it is determined the owner is at fault, it may be difficult to recover your loss from the owner. Moral of this story is to make sure your vehicle is properly covered by your insurance company for any damage caused by fallen trees. That way the insurance company can go after the owner is there is clear evidence of negligence.

In any case, with these heavy atmospheric river storms, the sky may not be falling… but trees definitely are. So be extra careful and stay safe.