No excuse not to trim trees around intersection

Ed Smith

Contributor

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Government immunity may protect a government entity in its decisions and judgments about putting up signs at an intersection. However, there is no protection if the government entity allows trees or buhes to obstruct those signs so they cannot be readily seen by motorists.

In a recent Texas case, Plaintiff was allowed to pursue its claim against the state of Texas where there was a trucking accident at an intersection where vision was diminished because of trees and bushes. (Texas Department of Transportation v. Pate, Cause no. 06-04-00070-CV, Texarkana Court of Appeals, submitted August 16, 2005).

In any serious injury case, its critical for the injured party's attorney to visit and photograph the scene as soon as possible to preserve evidence of the view.