Posted in Negligence on May 30, 2015
We’ve all experienced that anxious moment when a sign, bush or pole has obstructed our view of oncoming traffic as we try to negotiate a turn from a business or side street. While most accidents are avoided, the obstruction is a hazard that can contribute to accidents with serious injuries. If you believe you were in an accident cause by a driver who have distracted or had an obstructed view, contact a car accident lawyer at Bryan & Terrill today.
But who is ultimately responsible if a car accident does occur? What is the law in Oklahoma?
In Boudreaux v. Sonic Industries, Inc., 1986 OK CIV APP 14, 729 P.2d 514, the Oklahoma Court of Civil Appeals held the public’s right of passage imposes an obligation upon the owners and occupiers of abutting commercial property to use reasonable care to refrain from creating a view obstruction which might cause foreseeable harm to the users of the road.
In that case, a Sonic Drive-In had a sign which obstructed the view of customers pulling out of the drive in. The plaintiff came along on a motorcycle and was hit and killed by a car coming out of the Sonic. The court held that it was for a jury to determine whether the Sonic was liable for its sign.
In obstructed view accidents, it is important to retain counsel because the business or person responsible for the obstruction will likely argue that you or the other driver caused the accident. Evaluating these claims also involves knowledge of municipal codes and the identification of other parties who may bear some responsibility, like contractors and code inspectors.
The Tulsa, Oklahoma attorneys at Bryan & Terrill evaluate obstructed view accidents and can provide you with a fair assessment of the issues and hurdles raised by your particular case.
Contact the Tulsa attorneys at Bryan & Terrill at 918-935-2777 for a case evaluation at no cost to you.