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?
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?