In some car accidents in California, third parties might be partially at fault for failing to maintain property in a reasonably safe condition to prevent foreseeable injuries. In Union Pacific Railroad Co. v. Superior Court, Cal. Ct. App. Case No. F087132, the California Court of Appeal considered whether Union Pacific Railroad could be held negligent for its failure to remove a tree that was located within the clear zone next to a highway that was involved in a fatal wreck.
Factual and Procedural Background
Robert and Elise Sandford were driving a motorhome north on State Route 99 near Madera, California on May 25, 2016, when they struck a Freightliner truck driving north on the highway driven by Deon Detes Abrams, Sr. The collision caused both vehicles to leave the road and hit a tree on adjacent property owned by Union Pacific Railroad Co. The vehicles burst into flames, and all of the occupants of both died.