Some injury claims occur when a motorist or passenger is injured due to a lack of roadside maintenance. In situations where failure to properly maintain the trees or vegetative growth on or near a highway results in injury or death, a claim can be pursued against the state or a local responsible governmental agency (either city or county.)
State and local government officials have provided roads and highways and find themselves responsible for not only the actual maintenance of the road but also must provide roadside maintenance to trees, shrubbery or vegetation growing along the roadway. However, just because a car strikes a tree, it does not automatically mean the State or local governmental agency is responsible. What factors are involved in roadside maintenance claims?