When an Accident Takes a Life, Your Family Deserves Answers

Accidental Death Lawyers in Bakersfield: A Family’s Guide

Accidental death lawyers help families learn whether a fatal accident may lead to a legal claim. In California, certain close family members or a personal representative may bring a wrongful death claim when another person’s wrongful act or neglect causes a death. This guide explains who can sue, which accidents lead to fatal claims, which deadlines can start early, and what families should gather first. Colvin Accident Lawyers is based in Bakersfield, California.

Who Can Bring a Wrongful Death Claim in California

Surviving spouses, domestic partners, and children can bring a wrongful death claim. Other people may have that right too, depending on the family’s situation.

Under Code Civ. Proc. § 377.60, the claim may be brought by the decedent’s surviving spouse, domestic partner, and children. Children of deceased children can also sue. If there is no surviving issue, the people who would inherit the decedent’s property under intestate succession may bring it. Intestate succession means the inheritance rules that apply when someone dies without a will.

The same section lets some dependents sue. These include a putative spouse, stepchildren, parents, and legal guardians, if they depended on the decedent. A minor may also sue. The minor must have lived in the decedent’s household for the previous 180 days and depended on the decedent for one-half or more of their support.

A personal representative may also file the claim on these people’s behalf. Who files depends on the family’s circumstances. Under § 377.61, the court decides how the rights of the people entitled to sue are divided. Families often benefit from an early conversation about who should file.

What Makes a Death an Accidental Death Claim

A death in an accident becomes a legal claim when another person’s wrongful act caused it. A death alone does not create a claim. The key question is whether someone’s carelessness or intentional conduct caused the crash, fall, or injury that led to the death.

Three points usually matter. First, someone acted wrongfully or with neglect. Third, the accident led to the death. The facts of each accident shape how a case is evaluated.

California also separates two kinds of claims. The wrongful death claim may be asserted by surviving family, or by the decedent’s personal representative on their behalf. The survival claim belongs to the decedent’s estate, through a personal representative or successor in interest. Under Code Civ. Proc. § 377.34(a), a survival claim covers the loss the decedent sustained before death. It does not include damages for pain, suffering, or disfigurement.

Section 377.34(b) created a narrow exception. It applied to actions filed on or after January 1, 2022, and before January 1, 2026, and to actions granted a preference under Section 36 before January 1, 2022. A new filing today falls outside that window, so families should not expect pain and suffering damages through a survival claim.

Accident Types That Lead to Fatal Claims

Fatal claims come from car, truck, motorcycle, bus, bicycle, pedestrian, dog bite, and premises accidents. Each type can point to different people who may be responsible.

In a car crash, the driver’s carelessness is often the central issue. Vehicle owners can also face liability. Under Veh. Code § 17150, every owner of a motor vehicle is liable for death or injury caused by a negligent act in operating it. The driver must have had the owner’s permission, express or implied.

Truck crashes can involve more than the driver. A trucking company, a broker, or another business may share responsibility.

Motorcycle, bicycle, and pedestrian deaths often turn on the conduct of the other driver. Failure to yield, speed, and distraction are common questions. Bus accidents may involve the bus operator and the company that runs the bus.

Dog bite deaths are governed in part by statute. Under Civ. Code § 3342, a dog owner is liable for damages a person suffers from a bite in a public place or lawfully on private property. That liability applies regardless of the dog’s past behavior or the owner’s knowledge of it.

Premises deaths turn on who owned or controlled the place where the death happened. When a public agency is involved, Gov. Code § 835 allows liability for a dangerous condition of public property, but only if specific conditions are proven.

When a Death Follows Later: Catastrophic Injuries and Delayed Deaths

Some people survive a crash for days, weeks, or months before their injuries cause death. The death can come long after the accident. The crash can still be the cause.

Catastrophic injuries, such as traumatic brain injury and spinal cord injury, often lead to this kind of delayed death. Hospital records, rehabilitation notes, and medical opinions help show how the crash led to the death. Families should keep copies of every record they receive.

The timing affects how the file is built. Records from the first days, later treatment, and the final cause of death all need to line up. A lawyer can review those records early to see how they connect the crash to the death.

Deadlines That Can Start Early

California generally gives families two years to file a wrongful death action for a death caused by another’s wrongful act or neglect (Code Civ. Proc. § 335.1). Claims against government agencies start with a much shorter first step.

Under Code Civ. Proc. § 335.1, an action for the death of an individual caused by another’s wrongful act or neglect must be brought within two years.

If a city, county, or state agency may be responsible, the first step is a written claim. Under Gov. Code § 911.2, a claim for death must be presented not later than six months after the cause of action accrues. Under Gov. Code § 945.4, except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity until the claim has been acted upon or deemed rejected.

Families who may have a claim against a public agency should reach out soon.

Records and Evidence Families Should Gather

The most useful records are the death certificate, the coroner or medical examiner’s findings, and the police or crash report. Families can request certified copies of the death certificate from the county.

Coroner timing varies. The San Bernardino County Sheriff’s Coroner Division says a pending death investigation may take roughly six months to one year before the cause and manner of death are finalized. That is one county’s process, so timing in other counties can differ.

Other useful evidence includes photos of the scene and vehicles, names and phone numbers of witnesses, and any dash camera or security video. Keep vehicles, helmets, clothing, and other physical items in their current condition where possible. Share them with counsel promptly.

Insurer calls and social media posts can affect a claim. Review any insurer requests and online posts with counsel before responding.

Who May Be Responsible and How Fault Is Weighed

Liability can reach any person or business whose wrongful act or neglect contributed to the death. More than one party may share responsibility.

Possible targets include negligent drivers, vehicle owners, property owners, dog owners, and public agencies where road or property conditions played a role. Employers of at-fault drivers may also be part of a claim, depending on the facts.

Fault can also fall on the person who died. A lawyer can explain how that rule applies to your family’s facts.

What a Wrongful Death Claim Can Cover, and Whether It Is Worth Pursuing

A wrongful death claim seeks money for losses tied to the death. Under Code Civ. Proc. § 377.61, damages may be awarded that, under all the circumstances, may be just. They may not include damages recoverable under § 377.34.

No general information can say what a family’s claim is worth. Each claim turns on its own facts. Any figure you hear without a review of those facts should be viewed with caution.

Whether to pursue a claim is a decision families make with care. Lawsuits take time, and families should go in with clear expectations.

How the Process Works and Why Results Vary

Most claims follow a similar path. A lawyer investigates the accident and gathers records. The claim is presented to the responsible party or its insurer. If the matter does not resolve, a lawsuit may be filed.

In a lawsuit, both sides exchange evidence during discovery. The case may then end in settlement or trial.

Results vary. No lawyer can promise a result. Outcomes depend on the evidence, the law that applies, the parties involved, and who is responsible. Clear fault, strong records, available insurance, and how fault is shared all shape how hard a case is to pursue.

Serving Families in Kern County and Nearby Communities

Colvin Accident Lawyers is based in Bakersfield, California. The firm serves families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Families across Kern County often deal with county records offices and local hospitals when a death follows an accident. Families in the other communities we serve face similar steps. The process follows California law no matter where the family lives.

Families who have lost someone in a crash, a fall, a dog attack, or on another person’s property can reach the firm from any of these communities.

Talk With Colvin About Your Family’s Situation

Common Questions