The daughters of Phyllis Seidman, a Palo Alto resident ho was fatally injured in a Palo Alto pedestrian accident while crossing the street in December, have filed two claims against the city of Palo Alto alleging that a dangerous condition on the roadway caused Seidman's fatal personal injury. According to an article in Palo Alto Online, Seidman, 66, was crossing Cowper Street at Embarcadero Road in her motorized wheelchair, the afternoon of December 2, 2008 when a sport utility vehicle struck her. Seidman's daughters are claiming loss of financial support as well as love, companionship and other emotional support. They are also claiming funeral and burial expenses.
The city pedestrian accident attorney tells reporters that the claim comes as a surprise. This isn't something that a city would normally be liable for, he says. But the article also says that the city has been reviewing street conditions along Embarcadero Road, including the Cowper intersection where the fatal pedestrian accident occurred. Rejecting the claim would open the city up to a possible lawsuit. A claim is usually a precursor to a lawsuit and according to California Government Code, injury victims or their families must file them within six months of the pedestrian accident or personal injury if the claim is filed against a governmental agency.
Seidman's daughters may have a case here if they can prove the following elements: (Source: California Government Code section 835)
In this fatal pedestrian accident, police did not press any charges against the SUV driver who struck Seidman. Bisnar | Chase has successfully filed such claims and lawsuits involving dangerous roadways and intersections. I believe that the claims we worked on were valuable because they were not only seeking compensation for damages, but also seeking to right a wrong and seeking to fix the dangerous condition once and for all so that no one else would get hurt or killed in the future. I hope this family gets the justice and compensation they rightfully deserve.
SLS Consulting