Farris & Thomas Law
PLEASE NOTE: Our office remains open and available to serve you during the COVID-19 crisis. However, to keep our staff and you healthy, we do ask that business be conducted over the phone or via email if possible. We can also accommodate video conferencing as well. Please contact our office directly for options on making a payment.
Farris & Thomas Law

PLEASE NOTE: Our office remains open and available to serve you during the COVID-19 crisis. However, to keep our staff and you healthy, we do ask that business be conducted over the phone or via email if possible.  We can also accommodate video conferencing as well.  Please contact our office directly for options on making a payment.

Farris & Thomas Law

Greenery owned by a business must be trimmed back

On Behalf of | Jan 11, 2022 | Motor Vehicle Accidents |

After a driver struck your car because they could not see you, you spent several days in the hospital. The business at the intersection where you were hit owns a bush which has grown so large that it now obstructs the line-of-sight for drivers and pedestrians.

You are aware that greenery — trees, shrubs, flowering plants — are not allowed to block sidewalks or streets. You are wondering if you can file a claim against the owner of the business.

A vehicle hit your car because the driver could not see beyond a large shrub

The accident in which you were injured is not your fault; nor is it the fault of the other driver. Instead, the business owner is to blame because they have not maintained that bush in a safe manner.

You and the other driver could file claims against the business or its owner. Once the two of you have done this, you may win.

The city prohibits sight obstructions that block the view of drivers and pedestrians

Wilson city law specifically forbids sight obstructions. It has established a “vertical zone,” which is intended to keep line-of-sight clear for everyone using that intersection.

Businesses that violate this law will be subject to an engineering investigation, which will be carried out by the traffic engineer.

Remedies available to the city

The law’s intent prohibits shrubbery which can grow larger than two feet high when mature. If this shrub obscures line-of-sight, the business will be served with an order to trim the shrub back.

The city is required to serve the business with an order to remove the shrub which violates the city’s law. If the business does not remove or trim the shrub, it will be fined $50. Additional penalties will add up if the business does not comply with the city’s order.

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