Woman Dies in Fatal Single-Vehicle Accident After Striking a Tree on the Southwest Side

According to a Kens 5 news report, a woman died after running off the road and hitting a tree last Friday evening.

Police reported the accident occurred at around 7:30 p.m. on the 6900 block of Ray Ellison near Loop 410. The woman was reportedly driving a pickup eastbound on Ray Ellison when she ran a red light. This caused her to lose control of her vehicle, and it slid sideways into a tree, hitting the driver’s side of the pickup. She was pronounced dead at the scene. No one else was injured, and no other vehicles were involved in the crash.

Did You Know?

Tree accidents kill around 100 people a year in the United States.

Can I Sue If I Was Injured by a Falling Tree in Texas?

Ice storms don’t just knock the power out — trees weighed down by ice and snow after a sudden, hard freeze can cause them to fall. It happened all over Austin and other parts of the state during last year’s big freeze.

But what happens if you’re hurt because your neighbor’s tree fell on your home or your vehicle? Can you sue for that in Texas?

Yes, you can in certain cases. Let’s take a look at the tree laws in Texas to answer this question.

The Texas Fallen Tree Law

Homeowners and businesses across Texas have a responsibility to keep their properties free from hazards, and this extends to maintaining trees. Diseased or damaged trees pose a significant hazard to both the residents or business owners and their neighbors.

To this end, the fallen tree law in Texas encourages the proper maintenance of trees. If your neighbor lets their trees rot or leaves a damaged branch hanging over your property and you are hurt, they would be considered negligent and, therefore, responsible for the damage.

What If the Weather Caused the Tree to Fall?

If a tree damages your property or injures you because of high winds, lightning, ice storms, etc., then your neighbor was not negligent and would not be held responsible.

But, the weather event must be the only reason for the damage. For example, let’s say that your neighbor has a rotting or damaged tree they aren’t properly maintaining. Then, you get a warning for extremely high winds or maybe a hurricane. If your neighbor’s damaged tree falls and injures you or damages your property in the extreme weather, that doesn’t excuse the fact that they were negligent by not properly maintaining their tree.

Can I Make My Neighbor Trim Their Trees?

No, you can’t. But, if your neighbor’s tree is hanging over into your property, you may legally trim only what extends into your property. You may not trim past your property line.

If you are concerned about your neighbor’s diseased tree and they refuse to do anything about it, you may submit a complaint to your local municipal or county government.

Injured by a Falling Tree in Texas? Call Carabin Shaw.

Extreme weather is not uncommon in Texas, but if your neighbor’s negligence caused your injury, we can help.

Call Carabin Shaw at 800-862-1260 or use the live chat for immediate, free legal assistance for your injury case. We are available 24/7 because we put our clients first. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

¹KENS 5 Report