Stobart lorry knocking down large section of tree

[Ross14]

I wonder if the collective knowledge can advise...

i was driving to Silverstone GP and took the road by passing the Towchester A43 close road. I was following a Strobart lorry along the Waddenham road when it drove though a overhanging tree.
there was an almighty crashing noise, and i immediately lifted off the power. Just as well as a large 10inch + dia branch came crashing down immediately in front of of me. The branch was so large it block the road both ways!
The lorry driver must have heard the impact but drove on...If i had not lifted off and been ready to brake the branch would have been though the windscreen

I and number of drivers (the road was block in both direction) manhandled the bits off the road and I found there was damage to the bonnet

so i contacted Stobarts regarding the damage...Their response is below, denying all responsibility;

...........................

Dear Mr XX,

We are the claims handling agents for Eddie Stobart Logistics, I have been passed your email following on from your complaint involving our asset on the 02/07/2022
If there is a low hanging branch in our drivers way they are unable to take evasive action to avoid this as could cause an incident. The responbility of the trees and greenery is up to either the council or highways dependent on the incident location.
Due to this we would be unable to assist or accept any responsibility for any damage caused in this matter.

Regards


.................

My question is who is responsible ? does Stobart have any liability in the damage caused?

[TwigtheWonderkid]

Was the lorry driver negligent? It doesn't sound like it. You have to prove someone was negligent in order to claim off them.

[Electro1980]

It’s an accident. That’s what insurance is for. The owner of the tree MIGHT be liable, but the lorry driver isn’t.

[williamp]

Electro1980 said:

It’s an accident. That’s what insurance is for. The owner of the tree MIGHT be liable, but the lorry driver isn’t.

I agree. A tough break, but things happen in life. Claim on your insurance, Im afriad. If there was width/height restrictions then it
might be different.

[Caddyshack]

I doubt the lorry driver noticed at all. Have a go in an HGV, it is really hard not to knock branches.

[DavePanda]

If trees aren't cut to the regulation height then that is the responsibility of the council/highways as already said, if the trailer hit it then the driver wouldn't have noticed. If you saw it and backed off and it still caused damage then you were driving too close behind.

[anonymous-user]

DavePanda said:

If trees aren't cut to the regulation height then that is the responsibility of the council/highways as already said, if the trailer hit it then the driver wouldn't have noticed. If you saw it and backed off and it still caused damage then you were driving too close behind.

Many trees and highway 'obstructions' including those of pavements are privately owned.

Why does everyone always assume it is down to the ' council/highways' ? All they can do is send a letter out before action and claim costs if they do choose to do the work of 'negligent' landowners.

[The Mad Monk]

Ross14 said:

I wonder if the collective knowledge can advise...

i was driving to Silverstone GP and took the road by passing the Towchester A43 close road. I was following a Strobart lorry along the Waddenham road when it drove though a overhanging tree.
there was an almighty crashing noise, and i immediately lifted off the power. Just as well as a large 10inch + dia branch came crashing down immediately in front of of me. The branch was so large it block the road both ways!
The lorry driver must have heard the impact but drove on...If i had not lifted off and been ready to brake the branch would have been though the windscreen

I and number of drivers (the road was block in both direction) manhandled the bits off the road and I found there was damage to the bonnet

so i contacted Stobarts regarding the damage...Their response is below, denying all responsibility;

...........................

Dear Mr XX,

We are the claims handling agents for Eddie Stobart Logistics, I have been passed your email following on from your complaint involving our asset on the 02/07/2022
If there is a low hanging branch in our drivers way they are unable to take evasive action to avoid this as could cause an incident. The responbility of the trees and greenery is up to either the council or highways dependent on the incident location.
Due to this we would be unable to assist or accept any responsibility for any damage caused in this matter.

Regards


.................

My question is who is responsible ? does Stobart have any liability in the damage caused?

It's your fault. your responsibility.

You were driving too close and/or too fast.

[robinh73]

I run my own tree surgery business and one of my customers is a land owner, a lot of which borders roads. He frequently gets letters from the council asking him to have branches removed from trees as they are lower than 16ft above the carriageway. The council have no responsibility in a lot of instances.

[GasEngineer]

Regardless of who is responsible for maintaining the tree; of course it is the lorry driver's responsibility. He should no more go crashing through a low hanging branch than he should go crashing through any other obstruction actually on the road.

A professional driver should have noticed how low the branch was and have the capability to judge whether his vehicle would hit it.

In this case he should have stopped after the collision to check on any other road users and to clear the fallen branch etc. Not just drive on regardless. If he didn't notice that's even worse. Surely rather than trying to blame the council - this is the issue that Stobart's should be addressing?

[mattyprice4004]

GasEngineer said:

Regardless of who is responsible for maintaining the tree; of course it is the lorry driver's responsibility. He should no more go crashing through a low hanging branch than he should go crashing through any other obstruction actually on the road.

A professional driver should have noticed how low the branch was and have the capability to judge whether his vehicle would hit it.

In this case he should have stopped after the collision to check on any other road users and to clear the fallen branch etc. Not just drive on regardless. If he didn't notice that's even worse. Surely rather than trying to blame the council - this is the issue that Stobart's should be addressing?

Do you drive lorries?
If you did, I suspect you’d know that the driver probably has no clue, and also has more important things to be looking out for than if he’s clipped the odd branch.

[TwigtheWonderkid]

robinh73 said:

I run my own tree surgery business

I'd love to do that, but I can't stand the sight of sap.

[TwigtheWonderkid]

GasEngineer said:

Regardless of who is responsible for maintaining the tree; of course it is the lorry driver's responsibility. He should no more go crashing through a low hanging branch than he should go crashing through any other obstruction actually on the road.

A professional driver should have noticed how low the branch was and have the capability to judge whether his vehicle would hit it.

In this case he should have stopped after the collision to check on any other road users and to clear the fallen branch etc. Not just drive on regardless. If he didn't notice that's even worse. Surely rather than trying to blame the council - this is the issue that Stobart's should be addressing?

In which case it should be easy for you to quote a precedent, a case where a lorry driver has been successfully sued for damage caused by low hanging branches he/she has hit. Which I'll be interested in hearing about, because I spent over 40 years working in the fleet and haulage sector and never saw a successful third party claim for damage caused by falling branches.

As said, if the OP had kept a bigger gap between himself and the lorry, he wouldn't have been hit by any branches.

[The Mad Monk]

robinh73 said:

I run my own tree surgery business

So you say, but why is it that you people only do amputations, never refitting limbs?

[NGee]

The Mad Monk said:

robinh73 said:

I run my own tree surgery business

So you say, but why is it that you people only do amputations, never refitting limbs?

You need to go to a different branch for that sort of work.

[robinh73]

The Mad Monk said:

So you say, but why is it that you people only do amputations, never refitting limbs?

Bad practice. We have tried refitting a Beech branch to an Oak, but the results were catastrophic. Never again.

[robinh73]

NGee said:

The Mad Monk said:

robinh73 said:

I run my own tree surgery business

So you say, but why is it that you people only do amputations, never refitting limbs?

You need to go to a different branch for that sort of work.

I am Sycamore puns about tree work 🤣

[OutInTheShed]

The Mad Monk said:

robinh73 said:

I run my own tree surgery business

So you say, but why is it that you people only do amputations, never refitting limbs?

They're afraid of grafting for a living.

[C Lee Farquar]

I run trucks and we had a similar incident. I gave the car driver our insurance details (NFU) but they wouldn't entertain a claim.

They said it was the Council's responsibility to keep the highway clear, or words to that effect.

[Waynester]

I wood have chased the driver down.. But as to who is responsible..I’m stumped I’m afraid..