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We handle cases across the United States. Allen Stewart is licensed to practice law in Texas, California, New York, Pennsylvania, Missouri, North Carolina, Ohio and Arizona.

Uprooted Tree Falls on Moving Baltimore Car

The winds of early March were to blame for damage to a moving car in Baltimore March 2, 2018.

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Baltimore Fire Officials report that a tree near the Walther Boulevard and Weaver Avenue intersection was uprooted by strong winds, causing it to land on a car as it traveled through the intersection.

The white vehicle was pinned under the tree and suffered severe front end damage. Luckily, no one was injured in the incident. Another vehicle also struck the white car from behind after the tree fell.

At the same time of the tree incident, wind warnings were posted on bridges and neighbors in the area moved their vehicles to avoid being victim to the pines in that area that look ready to fall as well. Joggers had to change their routes and numerous cars slowed to watch the extrication process as crews had to cut away the large tree to free the vehicle and its passengers underneath.

Wind gusts throughout the day ranged from 30 miles per hour to as high as 60 miles per hour.

When it comes to legal responsibility for fallen trees in Maryland, the responsibility depends on whether the tree is living or dead. For landowners with a tree that is dead and potentially a hazard to other properties or people, the responsibility falls on the landowner to take action to prevent injury or damage to others or their property.

However, for living trees where the vines and branches cause damage, the responsibility does not fall to the landowner who has the property where the tree is rooted. They only have the responsibility to take care of the tree as it stands on their property. Landowners who have property that branches overhang are responsible to handle trimming and maintenance on their side of the property line.

For trees that fall into a city street or state-owned roadway, still other considerations take place. However, in a situation where a vehicle is struck and people are trapped, the priority becomes safety of those entrapped, with consideration of responsibility for the tree a distant second.

Removal of the tree segments and other repair and replacement may be determined once the victims are safely extricated from the confines of the tree. These individuals are the top priority on the rare occasion a tree falls and makes contact with a vehicle – moving or otherwise -that has people inside at the time.

Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.


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