Can anyone please help with this serious accident?

[Noggin1988]

Do you remember that poor bus driver that got hit by a tree in Witley on 3 January 2012 at 8.15.. well his daughter Sophie has been trying to find out and seek answers to this day and find out who is responsible..

I have created this thread to try and get some professional thought on the condition of the tree when it fell?? (please see images of possible fungus).. and how often a tree of this kind should be inspected?? any help would hugely appreciated!!

Apologies for the poor quality images.. unfortunately its all i have

*some images are graphic*

 

https://www.facebook.com/pages/Andy-Cavanagh-Who-is-responsible-for-the-accident/1559737620931163?pnref=story

[Stock]

There must be a police report on it, Did the HSE investigate it? what about his employer?

[Noggin1988]

after much to and fro they have decided to close the case with no further investigations.. the case has just been reopened and we have been given 4 months to try and find blame…

is three years too long to inpect a tree so close to the roadside? please see document below

 

https://scontent-b-lhr.xx.fbcdn.net/hphotos-xap1/v/t1.0-9/10320317_1559749470929978_1863376662855644473_n.jpg?oh=c984b37c9c84dfd83c720df2cb90bb04&oe=552F8637

[C.J]

There was a post on Arbtalk at the time.

 

http://arbtalk.co.uk/forum/general-chat/38211-fallen-lime-tree-bus-witley.html?highlight=lime+witley

 

The O.P considered the tree had not been reduced sufficiently.

[sloth]

I'm not going to comment on the tree itself, it really is not my place in a case like this. What I will say is a three yearly inspection might well be appropriate, the cost of a council surveying all its roadside trees yearly would be considerable, and to include less busy roads in yearly surveys would not be reasonable given the relatively low risks posed by trees in general. Maybe at the last inspection there were no identifiable defects on that tree.

Sometimes accidents just happen, no one is to blame, and everyone involved has taken all reasonable steps to prevent any harm. I guess if you feel like the council were negligent in their inspection regime, or that the inspector they used wasn't competent, you'd have to take your chances taking them to court. I think you'd have a hard time though...

[Shane]

Must there always be blame?

If the initial investigations were inconclusive ....

 

Nobody doubts the awful result but there have been numerous threads bemoaning the litigative society which could lead to a lot of trees being removed because they 'could' pose a danger.

 

There now seems to be no such thing as an accident.

[spiral]

The family need to instruct a no win no fee solicitor, They can pay for an expert witness arborist, who will say the council should have recognised the tree was a danger, the council will pay for an expert witness arborist ,who will say it wasn't there fault.

 

The courts will decide or the council will capitulate & make an offer.

 

If you win you may get suitable compensation. If you don't, only the paid arborists & court employees get paid.

[Shane]

The family need to instruct a no win no fee solicitor, They can pay for an expert witness arborist, who will say the council should have recognised the tree was a danger, the council will pay for an expert witness arborist ,who will say it wasn't there fault.

 

The courts will decide or the council will capitulate & make an offer.

 

If you win you may get suitable compensation. If you don't, only the paid arborists & court employees get paid.

 

and the legal profession!:lol:

[Mark Bolam]

Must there always be blame?

If the initial investigations were inconclusive ....

 

Nobody doubts the awful result but there have been numerous threads bemoaning the litigative society which could lead to a lot of trees being removed because they 'could' pose a danger.

 

There now seems to be no such thing as an accident.

 

Terrible thing, but Shanes post pretty much sums up my thoughts.

 

 

Sent from my iPhone using Arbtalk

[eggsarascal]

Must there always be blame?

If the initial investigations were inconclusive ....

 

Nobody doubts the awful result but there have been numerous threads bemoaning the litigative society which could lead to a lot of trees being removed because they 'could' pose a danger.

 

There now seems to be no such thing as an accident.

 

There is no such thing as an accident. someone is always to blame! I was told this by the head of H+S at a big player in the utility companies:001_rolleyes:..... He did have the job of going with the police, to tell a lady that her husband wouldn't be coming home again. Not a job I would like to do..... That's before we start on the reason!