Shrubbery is one of the last things you would think of when you mention “traffic hazards.” However, a bush from someone’s private lawn blocked a critical stop sign, which led to a recent accident. That’s the issue now facing Indiana’s Supreme Court in a case that could change how the courts assign responsibility when accidents happen near private land.
If your property is next to a public road, this situation might affect your legal obligations.
Why this Indiana case matters to you
In Bloomington, a driver ran a stop sign and caused a crash. Investigators say overgrown vegetation blocked the sign on a nearby private property. Because of this, the Indiana Supreme Court is deciding whether the property owner should share responsibility for what happened.
While Indiana law already requires property owners to trim their bushes and shrubbery near intersections, the Supreme Court is debating whether the driver who suffered a crash could sue the property owner for their part in the accident.
Understanding your potential liability is the first step to avoiding legal trouble and financial risks.
When your property affects public safety
Bushes, trees or fences on your land might block traffic signs or reduce visibility. Even if you didn’t intend to cause harm, courts may still hold you responsible if your property contributes to an accident.
If the court sides against the property owner, it could set a statewide precedent. To prepare for possible legal claims or new duties as a property owner, it is important to know how courts determine responsibility.
How courts decide who’s responsible
Courts look at whether the obstruction was on private land, if the owner knew or should have known it was dangerous, and whether a reasonable person would have fixed it. Judges also look at how much the obstruction contributed to the crash.
In this case, the court is asking whether the homeowner had a legal duty to trim the shrub. When you understand these factors, you can act before the problem escalates.
What should you do to protect yourself?
If your land borders a stop sign or intersection, the law expects you to keep the area safe for drivers and pedestrians by maintaining clear visibility and removing hazards. That includes regular maintenance and documentation of your efforts:
- Inspect property: Check for any obstructions near road signs
- Trim foliage: Cut back bushes, trees and hedges to improve the driver’s visibility
- Maintain sightlines: Keep intersections and signage areas unobstructed
- Document upkeep: Take photos and record your maintenance activities
- Remove hazards: Take care of any unsafe conditions right away
These steps reduce risk for others and help protect you from legal consequences. Since the court’s ruling could change what the law holds you legally responsible for, now is the time to take your property duties seriously, before it turns into a liability for you.
What this means for property owners in Indiana
The court’s decision could affect how Indiana oversees responsibility for accidents linked to private property. As these legal standards change, you need to be aware of your role in keeping your surroundings safe, not just for others but also to protect yourself.
