Baltimore, MD asked in Car Accidents and Personal Injury for Virginia

Q: Hi last year I had a tree fall on my car while I was driving that was in the VDOT right of way. The tree was dead and

The tree was dead and rotting but still very heavy and I am lucky to be alive and I was uninjured. My car was of course totaled and the insurance paid for it to be totaled without a deductible. I have since been experiencing PTSD when I drive especially around trees. Does VDOT have any liability that I can sue for?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Virginia attorney could advise best, but your question remains open for a week. At this point, you could reach out to attorneys to try to arrange a free initial consult. Emotional distress and related elements of motor vehicle accidents can sometimes be difficult, and can be less straightforward than the bodily injury components of an auto claim. A local attorney should advise you, as different jurisdictions have different rules. I hope you are okay - it sounds like it was a traumatic accident. An issue that might arise is notice of claim, if applicable, as you mention a timeline going back to last year. These settings can sometimes have short notice of claim requirements nationwide - if you reach out to attorneys, they should be able to explain this further, if it is applicable. Good luck

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