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A branch from City-maintained nearly killed me, smashed my truck

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heidihair

Junior Member
Sacramento, CA

A branch fell off of a city-maintained tree and onto my truck as I drove. The branch fell about 40 feet, was about 30 feet long and totaled my truck by smashing my windshield, bending the truck's frame and embedding itself into the passenger side of the engine; if it had hit 16 inches to the left, it would have flattened the cabin with me in it. Luckily I came away with only a bruised thigh from the steering wheel, but that is a good indicator of how hard it drove my truck down into the street. I am now having terrible nightmares, I am always on edge, I jump at loud noises, I have a constant feeling of dread and I cannot stop thinking of the windshield shattering into my face. I have car insurance that is going after the City of Sacramento because the tree limb was rotted out and they say it is their fault, but can I also make a claim myself for the mental and financial stress this is causing me? The neighbors of the area the accident occurred said that a branch came down last winter off the same sick tree, but that nothing was done to prune the tree to avoid future accidents. This tree is visibly sick and just 1 block from the Capitol Park and shouldn't have been overlooked seeing as how I waited in state building for help to arrive. Seeing as how the City's negligence almost took my life, can I be compensated by the City for property damage & mental anguish?

DETAILS:
Immediately after my truck was smashed I was hysterical, I thought I was going to die and started shrieking. I realized that I was alive and needed to get out of the truck and couldn’t stop crying for more than an hour after the accident. I was so shook up it scared me at how upset I was, I was unable to control myself. I try to not think about how close I came to dying because I start sobbing again.

It took the city 3 days to clear the limb, they never told me when it would happen, despite repeated attempts, so I had to keep driving by to see the accident to check if it was removed in order to arrange towing. The sick tree has other weak looking branches that could fall and I kept thinking another limb would fall. I was in a constant state of adrenalin overload for 3 days and couldn’t even think strait.

The truck belonged to my deceased father and its the only thing I have, or had, of his that was substantial. He had no other property of significance and it saddens me greatly to know that now it is gone too, through no fault of my own.

I can’t stop seeing the windshield explode in my face and the deafening crash of that 30-foot limb that nearly fell on my head. I feel a sense of dread now like something else bad is going to happen to me, I haven’t really been out of the house for 4 days and have missed 2 days of work dealing with this mess.

I am now sleeping during the day to try to stave off the exhaustion from lack of sleep I get at night. THANK GOODNESS there are not any tree limbs over our bedroom, or I would get no sleep at all. I have nightmares when I do sleep that have been brought on by this accident.

I am getting married in June and had a lot of stuff to plan this past weekend, but I have been too overwhelmed by the trauma and details of this accident to focus. It makes me sad that I don’t feel like planning our wedding, but I just want to stay in our bedroom and nap all day. I haven’t even been able to cook dinner or do chores because of my mental state, I just feel fried and totally drained.

The stress of now having to find another vehicle is intense, we cannot afford to rent a car for an extended period and so I am franticly looking for one we can purchase. I hate being rushed into such an important decision, it worries me greatly that we may end up with a lemon and then have the stress of that. My truck was wonderful and had no engine problems at all, it ran smoothly and dependably -- I have no guarantees of that in a different vehicle.

I had an interview that Friday for a job that pays more than my current position that I had to cancel. I am well qualified for the position and have an extremely good chance of getting it. If they cannot re-schedule the interview and/or do not hire me, it is because of having to cancel my initial interview due the accident – I will miss out on greater wages due to this accident. Who knows how much that loss would accumulate to over years? It upsets me that I had to cancel, I will have less confidence in my interview even if they can reschedule.

I don’t know what to do. I am overwhelmed and upset this happened. The city clerks office suggests I submit a claim, but I don't know how much to claim. Any advice is welcome.What is the name of your state?What is the name of your state?What is the name of your state?
 


ecmst12

Senior Member
You are having a normal response to a traumatic event. A therapist can help you.

If the city accepts liability for the accident (possible but not definite, you can claim the value of your totalled vehicle (actual, not sentimental), the cost of a rental car if you rented one, and related medical bills (including psychological). You can claim lost wages for actual missed time from work but not lost wages due to the new job you may or may not get - you don't know that you definitely would have gotten that job had you not been in the accident. I don't know what your chances of pain and suffering are, but if you are eligible, it will depend on what kind of treatment you require and how long it takes, as well as whether you have any permanent damage. You can consult a lawyer on the strength of your case and if your case is good, he will help you file the claim and will get a percentage of your settlement.
 

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