Samuel Franklin, of Redding, Died In Millville Collision After Large Tree Fell Onto His SUV along Old 44 Drive west of Twin Avenue
MILLVILLE, CALIFORNIA (December 14, 2022) – A 38-year-old man identified as Samuel Franklin has tragically died in a Millville car accident after a large tree fell on top of his SUV on Old 44 Drive.
Shasta County officials are saying that the accident took place around 4:00 p.m. on Saturday. Samuel Franklin was driving his SUV when his vehicle was hit by a falling tree.
The force of the impact caused him to lose control of his vehicle and hit another tree. There were heavy winds and rain when the crash took place.
Firefighters and paramedics were called to the scene of the collision in order to help all of the victims. A 13-year-old passenger of the SUV was treated for moderate injuries.
Despite life-saving measures, Samuel Franklin died as a result of his injuries. A full investigation remains ongoing at this time.
Liability For Millville Falling Tree Accidents
Accidents involving falling trees may seem like freak occurrences, but they are actually somewhat common. The Occupational Safety and Health Administration (OSHA) estimates that around 100 people are killed every year in accidents involving falling trees. There are a number of signs that property owners should look for which could indicate that a certain tree is prone to tipping over.
- The tree has dead branches
- The roots of the tree are raising up.
- Leaves on the tree are missing close to the trunk.
- The truck has big cracks or missing bark.
Depending on the facts of any case, a city or municipal entity could be liable for an accident where a person is killed by a falling tree. Pursuant to California Government Code 835, a public entity is liable for an injury caused by a dangerous condition on public property provided that the entity (1) created the dangerous condition or (2) had notice of the condition for a sufficient amount of time to correct it. A public entity may be liable when it exercises control over privately owned trees located between sidewalks and along streets.
Generally speaking, municipal entities will need to take reasonable action to ensure that the trees under their control do not fall into a dangerous condition. This will typically require that they have the trees inspected by a certified arborist every 1-2 years. Most of the conditions that will topple a tree are readily apparent for a significant amount of time before it falls over.
When a tree falls over during periods of heavy rain and win, it is common for cities and property owners to argue that the incident was due to an unforeseeable “Act of God.” But this is not always the case. Instead, some accidents with falling trees will have been preventable – particularly when the tree that fell was already deteriorating or otherwise in a dangerous condition.
A public entity may have also created a dangerous condition by choosing to plant a certain species of tree that is more vulnerable to the hazards posed by heavy winds and rain. For example, most species of eucalyptus tree are native to arid regions of Australia. They also have much more narrow and shallow roots. This makes them intrinsically much more prone to tipping over especially with the climate across California. There are a number of steps that should be taken after any accident involving a falling tree.
- Tree inspection records should be examined.
- Tree maintenance records should be preserved.
- Records of similar tree failures should be reviewed.
- A thorough, investigation should be conducted.
The family of any person that is killed in an accident with a falling tree may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover many of the expenses that come with the sudden loss of a loved one. Sadly, though, municipal entities and their insurance providers will often fight hard to deny liability for any accident. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Millville Falling Tree Accident
We at TorkLaw extend our deepest condolences to the family of Samuel Franklin. Any person that may have more information about what happened should reach out to police. It is our sincere hope that city officials will inspect all of the trees along this road and take steps to prevent additional tragedies like this.
Do you need more information about a Milleville falling tree accident? Our team of consumer safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need more information about an accident, we may be able to help. You can reach out to us anytime at (888) 441-4991.
