Fishing truck skewered by tree on hwy 6 (pctures)

fishindogs · 11-15-2005, 08:55 AM

Here's some pictures of my old truck after a tree fell from a logged out ridge across the highway, crossed (and blocked the highway), and skewered my truck which was parked in my driveway.

The timber company claims no liability for damage from trees left in the "scenic corridor" beside the highway after logging.

Does anyone know of any similiar occurences where trees from a neighboring property jumped the highway and damaged private property? And did the tree owner have to pay? This just doesn't seem right. I would really like to get my truck fixed, and my insurance won't pay for it.
Anyhow, watch those trees! (And if anybody knows a lawyer interested in this type of issue, PM me. We could discuss the case while fishing the Wilson.)

USS Minnow · 11-15-2005, 09:23 AM

Wow

That's different. Best of luck getting compensation..

Thumper · 11-15-2005, 09:50 AM

Actually it looks like it may have improved the appearance of the truck.

fishindogs · 11-15-2005, 10:07 AM

Ha Ha.....As I said, it's a fishing truck. Used for fishing and hauling occasional loads trash, etc. If it was a "pretty" truck, it would have had better insurance! But I never expected that I would be responsible to pay for damage caused by my neighbor's property!

Joe Schwab · 11-15-2005, 10:33 AM

Tree owners are usually not responsible. I had three trees go over in my yard a number of years ago and totally destroyed the neighbors fence. I thought I was liable and called my insurance company. They said no it was an act of god and we were not responsible for anything. I did help the neighbor repair his fence but his insurance paid for it.

Zodiac-Fisherman · 11-15-2005, 10:35 AM

Put some wings on there, and you may just soar like a birdy..

Just kiddin, Thats a bummer, I wouldnt be happy about it either..

flapbreaker · 11-15-2005, 10:52 AM

Hey don't complain, do you know how much wood trim costs these days?

Miss B Haven · 11-15-2005, 11:23 AM

Silly me...... I always cut my firewood up before I pack it a stick at a time and put it in the truck. This looks like a real time and effort saver! :grin:

Artwo · 11-15-2005, 12:11 PM

I wonder if your home owners policy would cover this, assuming you own your home.............worth a call.

fishindogs · 11-15-2005, 03:19 PM

My home owners policy will not cover a vehicle, and I only had liability on truck. My insurance person couldn't believe that the land owner was not going to pay. But apparently (at least according to the timber company) the state grants immunity to liability for damage done by trees left in the "scenic corridor" next to roads after logging operations.

Katie Ann II · 11-15-2005, 06:29 PM

My son, his dad and his uncle were very lucky when a tree fell on the truck they were driving in. Happened on Hwy 202 near Astoria. Huge alder came down on them. Totalled the truck and sent all three to the hospital, All are okay, apperently the tree's were scheduled to be cut back away from the highway, but obviously never happened. Becareful driving were tree's are close to the roadway, Tis the season

birdhunter · 11-15-2005, 09:10 PM

This really sucks.

ORS 527.755(7) Landowners and operators shall not be liable for injury or damage caused by trees left within the visually sensitive corridor for purposes of fulfilling the requirements of this section, when carried out in compliance with the provisions of the Oregon Forest Practices Act.

To qualify for liability, the landowner would have to show that the tree was left within a visually sensitive corridor. While the term visually sensitive cooridor is not defined, State Highways 6 is designated a scenic highway for purposes of maintaining roadside trees.

Next they have to show that the tree was left for the purposes of carrying out the remainder of ORS 527.755.

Finally they have to show that the whole operation was carried out in compliance with the Oregon Forest Practices Act.

Also keep in mind that harvests on single ownerships less than five acres in size are exempt from the requirements and the immunity.

So that is where you stand. Gimme some more facts and I might be able to tell you if you have a shot on any of those factors.

sandman · 11-16-2005, 06:02 AM

Too bad you didn't leave your windows open,it would have went right through

Smj · 11-16-2005, 06:05 AM

It may not cost as much as you think to get the windows replaced. There's a ton of glass out there for those GM trucks, I mean, they made that body style(same glass) from the early '70s untill at least '84 (I have one of those) and after I'm sure. A couple of years back I got a new windshield installed in my '84 GMC pick-up at Empire for only $135.00.

Smj

OceanBlue · 11-16-2005, 06:16 AM

You could probably get replacement glass (and doors if needed) from a wrecking yard for cheap. Just lucky you weren't in the truck when it happened.

fishindogs · 11-16-2005, 08:08 AM

Birdhunter, The logging occured across the road (hwy 6), and they cut all the way to the edge of the ridge of a very steep cliff above the highway. I do not think they would have been able to cut the cliff next to the highway, even if it weren't a scenic corridor. I would guess that the cliff is about 120' tall (I could probably measure this). The cut ccured 5 years ago, and since then MANY (30% or more of those left?) trees have fallen because of their exposure to high winds. At the same time they cut along the ridges next to two creeks feeding the Wilson, and the same thing has happened there. These creeks are now full of fallen hemlock trees. Let me know if you need any more information.

fishindogs · 11-16-2005, 08:38 AM

Thanks for the positive thoughts about glass only, but the damage was a little more than it looks in the first pictures. I will definitely not be able to just bolt on another door and go. Here's another picture.

The door frame is kinda tweaked (will need to be straightened in order to put on another door), steering wheel bent and dash pushed slightly to the side. On the positive side, it started right up and I drove it to a "safer" location on the property. Another good thing is that the tree was headed straight for my front porch, where I was standing with my dog who had heard the initial cracking and started barking.

Smj · 11-16-2005, 08:58 AM

Bummer dude....Love them old trucks! I've got an '84 GMC 1/2 ton I've had since new, put a rebuilt 305 in it at 148K, it's what I tow my boat with. I bought a 69 Chev CST 3/4 ton for business, after selling my '64 ford 1/2 ton that I drove for 14yrs. 'till the bed rusted out.

That pic brings a tear to my eye....

Smj

Myles · 11-16-2005, 11:50 AM

You're lucky they didn't call the authorities on you for stealing the tree!

Really officer, I didn't take it, I just found it that way.

Seriously, good luck trying to get any thing resolved.
Myles

sunshinefisherman · 11-16-2005, 12:23 PM

The owner of the property is responsible.