Is the owner at fault?

If the tree was already down and stationary in the road and you ran into it, I do not think you have a very good potential claim against the tree owner. I suggest that you report this incident to your own insurance carrier and see whether or not you have coverage which will pay for your damages.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

I agree with Mr Lundeen. Without more information it's impossible to say who might be at fault. Let your insurer handle it - that's what you pay premiums for.