Roadside memorials are often set up to honor lives lost in tragic accidents, but when neglected or poorly placed, they can create new safety hazards. Our Edmond, OK personal injury lawyer helps residents injured in accidents where obstructive or unsafe memorials contributed to the harm. These cases raise important legal questions about public safety, private grief, and responsibility. Some memorials are even located at sites previously associated with a death caused by faulty auto parts, linking new risks with unresolved past tragedies.
Legal Status Of Roadside Memorials In Oklahoma
In Oklahoma, roadside memorials are typically unauthorized structures on public land. While many communities tolerate them, they are not always regulated. This means they may be installed too close to the roadway, in the line of sight, or with materials that pose risks during high winds or low visibility. If an accident occurs because a driver swerves to avoid a memorial or is distracted by one, legal liability may come into play. Many cities will normally handle hazards if they see them, but others may be held liable for placing them.
Who May Be Held Responsible?
Responsibility depends on who installed and maintained the memorial, and whether government entities failed to act after the hazard was reported. In some cases, family members erecting the structure could be liable. In others, the city or county may share responsibility for not removing or relocating a known risk. We investigate complaint logs, traffic reports, and maintenance records to determine if proper steps were taken to mitigate the hazard.
Visual Obstruction And Distraction Claims
Many memorials are placed near intersections, medians, or shoulders which are locations already known for accidents. For example, a tall balloon at an intersection could blog out a stop sign. When memorials interfere with a driver’s view or lead to sudden maneuvers, they become part of the accident analysis. Our legal team uses traffic reconstructions and local ordinance reviews to build a liability argument.
Public Safety Vs. Private Remembrance
These cases can be sensitive. No one wants to appear disrespectful to grieving families. But public safety must still come first. When a memorial contributes to injury, it’s possible to pursue a legal claim without denying the memorial’s emotional importance. We advocate for safer placement practices and better city oversight to prevent these risks from recurring. Although uncomfortable, it is important to pursue these cases as we want to remember the original life that was lost, but another life should not be lost in remembrance of the original.
Our firm has decades of experience and secured a $900,000 award in a car accident case. We are committed to representing victims injured at some of the most dangerous intersections and roads in the region.
If you were injured in an accident where a roadside memorial played a role, contact Polchinski & Smith Personal Injury Lawyers to discuss your legal rights. You do not have to suffer through an injury like this alone. We understand these cases are not comfortable, and we are here to help.
