On September 16, 2016, 82-year-old Louis Schaefer was traveling northbound on Highway 101 in Palo Alto, California, when a heavy metal projectile about the size of a tennis ball crashed through the window of his minivan. It appears to be the fault of CALTRANS, the entity that is supposed to keep our highways safe and well maintained. It was reported that the object that smashed through Schaefer’s window appears to be a cap to a tank of a CALTRANS truck that came off while the truck was traveling south on Highway 101.
The survivors of the decedent in fatal accidents caused by government entities, such as CALTRANS, are entitled to file lawsuits for wrongful death and other tort claims. The two-year statute of limitations applicable to tort claims against private parties in California does not apply to government entities. When a government entity is charged with causing an accident that results in injury or death, there is a governmental claims process that must be complied with pursuant to California law. This law requires that a claim brought against a governmental entity must be brought within 6 months of the accident.
Needham Kepner & Fish LLP stands up for injury victims in San Francisco, San Jose and Sacramento. Our lawyers are available for weekend and evening meetings. If your condition prevents you from visiting our office, we will visit you at your home or hospital bed. To schedule a free consultation, call us today at 408-956-6949.