Judgment: Driver bears costs in collision with fallen tree

The accident occurred on 07.01.2020 around 2:30 am. A motorist was driving on the L409 near Wermelskirchen at night when he crashed into a fallen tree after a right-hand bend.

Should the state have exercised better control?

The driver's father, who is also the owner of the vehicle, claimed damage amounting to 4,578.08 euros after an expert opinion and wanted this to be reimbursed by the state of North Rhine-Westphalia. He took the case to the Cologne Regional Court. The lawsuit was justified by the state's neglected traffic safety duty. Regular inspections could have identified that the tree was diseased and posed a risk of falling and blocking the roadway.

According to the state of North Rhine-Westphalia, the last inspection before the incident took place in January 2020. There were no external signs indicating that the tree posed any danger. The visual inspection was conducted regularly and carefully.

The Cologne Regional Court has now decided and dismissed the claim for damages.

Lack of evidence

In principle, the state is responsible for the condition of the road and its safe use. The fulfillment of this duty could be demonstrated through regular inspections.

A breach of the traffic safety duty by the state of North Rhine-Westphalia would exist if there was verifiable evidence that specific signs indicating a risk from the tree were overlooked. However, this had to be proven by the plaintiff. The state cited root rot as the cause of the tree's fall, which is not visible from the outside.

In the meantime, the tree has been removed, so neither the plaintiff nor the state could perform further evidence-preserving measures.

What does this mean?

Given the lack of clear evidence, the court's decision is not too surprising. The tree's fall could be due to various reasons, aside from the root rot not visible from the outside. Structural and especially environmental factors are difficult to litigate; going to court in such cases is already quite optimistic. It is therefore more advisable than ever to seek necessary legal counsel early on.