Fallen tree crash: who is at fault

A crash caused by a fallen tree or sudden obstruction can lead to a claim against the body responsible for maintaining that tree or road. This works only if a real failure to look after it can be shown. A tree that fails in an extreme, unforeseeable storm is a harder case than one already rotten or previously reported.

What do the typical facts look like?

A tree, branch or similar obstruction comes down onto the road, often during or after heavy rain or wind. A vehicle hits it or swerves to avoid it. Sometimes the obstruction has been there for some time before anyone hits it.

How is fault assessed?

The question is whether the tree’s condition was known, or should have been known, and whether the responsible authority had a fair chance to deal with it. A tree with visible rot, earlier complaints or an existing lean is treated differently from one that failed in severe weather.

What evidence decides the dispute?

• Photographs of the tree’s condition, including rot, disease or earlier damage.
• Weather records for the time and place of the crash.
• Earlier complaints to the local authority about that tree.
• The police report’s description of the obstruction and the road.
• Witnesses who saw the tree fall, not only the aftermath.

Report the incident within 24 hours and photograph the tree and road before crews clear them.^[2] The police report after an accident covers what to record.

Which deadline applies?

A claim against a local authority or another public authority generally has a shorter 36-month deadline. This replaces the usual six years in Peninsular Malaysia for an ordinary injury claim.^[1] Claim deadlines you need to know compares the deadlines.

What should you do at the scene and after?

Try to find out which authority was responsible for that tree or road. This decides who the claim is against and which deadline applies. See who is at fault in a crash for the wider picture.

Pinning down the responsible authority and the shorter deadline is where an independent lawyer can take the claim on. A road accident claim covers the process, and do you need a lawyer helps you decide.

For the first contact, share general dates, location, case status and a short summary only. Keep documents private. Only after an identified lawyer or law firm contacts you and specifically asks for them should you provide that identified lawyer or firm with the accident date, the road, your injuries, photos of the tree, and the police report if you have one.