Bicycle Accident and Wrongful Death Cases in Kern County

If someone you love died in a bicycle crash in California, your family may have a wrongful death claim. A bicycle accident death lawyer in Kern County can explain who may sue, what the claim can cover, and which deadlines apply. Colvin Accident Lawyers is based in Bakersfield. This page explains the basics in plain language.

What a Bicycle Accident Death Claim Is and Who Can Bring It

A bicycle accident death claim is a lawsuit that eligible family members bring after a cyclist dies because of someone else’s wrongful act or negligence. The claim is not the same as the cyclist’s own injury claim, and it belongs to the people the law allows to sue.

California Code of Civil Procedure § 377.60 lists who may sue. That includes a surviving spouse, domestic partner, and children. If there is no surviving issue, persons who would inherit the decedent’s property may sue.

Dependents may also have standing. Dependent parents, stepchildren, and certain putative spouses can sue in some cases. A minor who lived in the cyclist’s household for the previous 180 days and relied on the cyclist for half or more of their support may also sue.

Two kinds of claims can come from one crash. A wrongful death claim covers losses the survivors suffer. A survival action covers losses the cyclist suffered before death, but not damages for pain, suffering, or disfigurement, except as Code of Civil Procedure § 377.34(b) provides for actions granted a preference before January 1, 2022, or filed on or after January 1, 2022, and before January 1, 2026. Under Code of Civil Procedure § 377.30, a surviving cause of action passes to the decedent’s successor in interest, subject to the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest.

Paperwork matters, too. See Code of Civil Procedure § 377.32.

Common Ways Fatal Bicycle Crashes Happen

Bicycle crashes, including fatal ones, can involve a driver who turned across a cyclist’s path, failed to yield, followed too closely, or drove too fast for conditions. Each pattern depends on the facts of the crash.

• Left turns across a bicycle’s path. A driver turning may not see a rider going straight through the intersection.
• Failure to yield at intersections. A driver may enter the cyclist’s lane or cross the path at the wrong time.
• Rear-end impacts. A driver who follows another vehicle more closely than is reasonable and prudent may strike a rider from behind.
• Speed. Under Vehicle Code § 22350, no one may drive faster than is reasonable for conditions. California Vehicle Code § 22350 prohibits driving at a speed greater than is reasonable or prudent for weather, visibility, traffic, and the surface and width of the highway, and at any speed that endangers the safety of persons or property. (IIHS speed research)
• Dooring. A parked car’s door opens into a rider’s path.
• Hit-and-run. A driver in a crash that injures or kills someone must stop at the scene.

Some crashes involve commercial trucks or buses. These cases can involve more than one company and more than one insurer. Road defects or unsafe property conditions can also play a role when the owner’s conduct contributed.

What a Wrongful Death Claim in a Bicycle Crash Can Cover

A wrongful death claim can cover money losses and some non-money losses. What applies depends on who is suing and what the evidence shows.

Economic losses are “objectively verifiable monetary losses.” Under Civil Code § 1431.2, these include medical expenses, loss of earnings, and burial costs.

Non-economic losses are “subjective, non-monetary losses.” These include loss of society and companionship. Section 1431.2 defines them the same way.

Survival-action damages are narrower. Under Code of Civil Procedure § 377.34, they cover losses the decedent sustained before death. Pain and suffering are generally not recoverable in that action. A limited exception applies if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.

Wrongful death damages follow their own rule. Code of Civil Procedure § 377.61 allows damages that are just under all the circumstances. These damages may not include the survival-action damages under § 377.34. The court decides how the eligible people share an award.

Fault can also split non-economic damages. Under § 1431.2(a), each defendant is liable for non-economic damages only in proportion to its share of fault.

Proving Fault, Insurance, and Filing Deadlines

California generally gives two years to file a claim for a death caused by another’s wrongful act. Code of Civil Procedure § 335.1 sets that period.

Evidence often decides fault. Useful proof can include:

• The police report
• Witness statements
• Damage to the vehicle and bicycle
• Traffic signal timing
• Surveillance or dash-camera video
• The cyclist’s route, lights, and visibility gear

Early steps help preserve this evidence before it disappears.

Expect the defense to argue that the cyclist’s conduct contributed.

Claims against a public agency have a shorter clock. For a death claim, Government Code § 911.2 requires a claim presented as provided in Article 2 (commencing with Section 915) not later than six months after the cause of action accrues. A road-condition case is one example.

How the Process Works, Step by Step

The process usually starts with a conversation and moves through evidence, investigation, and negotiation. Court action comes later if needed. Timing depends on the facts of each case.

1. First consultation. The firm offers a free first consultation that is confidential and carries no obligation to continue. We review the crash facts, the family relationships, and any paperwork you already have.
2. Evidence preservation. We request the police report and insurance information. We also work to secure vehicle data and video before it is lost.
3. Investigation. We identify the parties who may be responsible and the insurance that may apply.
4. Claim and negotiation. We present the claim to insurers and negotiate. If a fair resolution isn’t reached, we can file suit in the appropriate California court.

Some cases resolve in months. Others take longer when insurers dispute fault or court schedules are full.

How Colvin Accident Lawyers Helps Families in Kern County

Colvin Accident Lawyers is based in Bakersfield, in Kern County. The firm handles bicycle, pedestrian, car, truck, motorcycle, bus, premises liability, dog bite, wrongful death, and catastrophic injury claims.

Donald Norman Colvin is the responsible lawyer for this page. Our team also includes assistants and office staff who support the work on each matter.

We explain each step in plain terms so families know what is happening and why. We do not compare ourselves with other firms, and we do not promise any result. Every case turns on its own facts.

Frequently Asked Questions About Bicycle Accident Death Claims

Talk With Colvin Accident Lawyers About Your Family’s Situation

If your family lost a cyclist in a crash, you may be handling funeral plans and grief while trying to understand what happened. Right now, the decision in front of you is whether the crash facts, family relationships, and deadlines support a wrongful death claim in California.

You don’t have to answer those questions alone. Contact Colvin Accident Lawyers to talk through the crash and your family’s questions.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.