WA Can I Request Compensation from the Shire?

[Nam Tran]

At 1PM on 22 July 2017, we just finished a delivery job in Mundaring (WA) and on the way to next destination, we were driving normally on the road. Truck is 3.5m tall.

Suddenly the truck hit a low hanging branch of a tree. This tree is on the verge which belongs to the Shire of Mundaring. The collision results in the tree collapsed on top of my truck and damaged my truck badly. This was reported to both police and the Shire of Mundaring at that time.

The truck top left corner was the collision point. This means the low hanging branch is about 3.5m from the ground. When the shire’s tree management officer came to cut the tree to release my truck, we found the tree trunk was rotten. Some termites (white ants) can be seen. This may explain why a slight collision has brought the tree down

I since have obtained a document from the Shire which shows that there have been 5 incident with same tree since 2012. Every time there was an accident or a complaint was made, the Shire sent someone to prune that tree but there was no throughout inspection or long term solution.

I would like to know if I can get a compensation for my truck damage on the grounds of their negligence?

 

[Complex16]

The condition of the tree is irrelevant as you collided with an overhanging branch and this is what brought the tree down. If you hadn't have hit it, who's to say that it wouldn't still be standing?

How many trees do you think that Shire is responsible for or has to attend to? As well as maintain roads, footpaths, playgrounds, libraries etc. Get a grip - claim for the damage against your own insurance (after all, that's what it's for) and stop blaming others. Unless of course you don't have any... Most people who want to blame someone else generally don't, but really who is at fault here? The Council or you because you don't have insurance to put you back into the same position you were in prior to the incident?