{"id":6094,"date":"2026-11-04T00:44:16","date_gmt":"2026-11-04T00:44:16","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/fatal-pedestrian-accident-wrongful-death-lawyer-kern-county\/"},"modified":"2026-11-08T07:23:09","modified_gmt":"2026-11-08T07:23:09","slug":"fatal-pedestrian-accident-wrongful-death-lawyer-kern-county","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/fatal-pedestrian-accident-wrongful-death-lawyer-kern-county\/","title":{"rendered":"Fatal Pedestrian Wrongful Death Lawyer in Bakersfield"},"content":{"rendered":"\n
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Pedestrian Wrongful Death \u00b7 Bakersfield, Kern County<\/p>

When a Pedestrian Is Killed, Your Family Deserves Answers<\/h1>

Colvin Accident Lawyers, based in Bakersfield, represents families after a fatal pedestrian collision. Start with a free, confidential first consultation, with no obligation to continue.<\/p>

Request a Free Consultation<\/a><\/div>
Request a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Donald Norman Colvin \u00b7 Published November 3, 2026<\/p>\n\n

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A fatal pedestrian accident<\/a> wrongful death lawyer<\/a> helps a family learn whether a claim exists after a walker is killed by a vehicle in California. Who may sue, what the claim covers, and how fast to act all matter. Colvin Accident Lawyers, based in Bakersfield, offers a free, confidential initial consultation with no obligation to continue.<\/p>\n

What a Fatal Pedestrian Wrongful Death Claim Is and Who Can File It<\/h2>\n

A wrongful death claim lets certain surviving family members seek damages when another person’s negligence causes a death. When a driver’s carelessness kills a pedestrian<\/a>, the family may have this kind of claim.<\/p>\n

California law sets out who may bring it. Under Code of Civil Procedure section 377.60<\/a>, subdivision (a), the decedent’s surviving spouse, domestic partner, children, and issue of deceased children may bring the action or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. Under subdivision (b), whether or not they qualify under subdivision (a), the following persons may also bring the action if they were dependent on the decedent: a putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. The decedent’s personal representative may also bring it on their behalf.<\/p>\n

Other people can qualify too. Under subdivision (b) of the same section, a putative spouse, children of the putative spouse, stepchildren, parents, or legal guardians (if the parents are deceased) may bring the claim if they were dependent on the decedent. A minor who lived in the decedent’s household for the previous 180 days and relied on the decedent for half or more of support may also qualify.<\/p>\n\n

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If a driver's crash took your loved one's life, you may have a claim, and we can review the facts with you right away. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What the Claim Covers: Survivor Losses and the Survival Action<\/h2>\n

Families facing a wrongful death often have many questions about what comes next. A survival action seeks losses the loved one suffered before death. The two work differently, so families should know which is which.<\/p>\n

Under Code Civ. Proc. \u00a7 377.34<\/a>, a survival action generally does not include damages for pain, suffering, or disfigurement. The exception in subdivision (b) is narrow. It covers cases granted a preference pursuant to Section 36 before January 1, 2022, or filed on or after January 1, 2022 and before January 1, 2026. Whether that exception applies depends on when and how the case was filed.<\/p>\n

Under Code Civ. Proc. \u00a7 377.61<\/a>, damages may be awarded that the court finds just under all the circumstances. They may not include damages recoverable under \u00a7 377.34<\/a>. The court decides how the award is divided among the people entitled to it.<\/p>\n

Families usually gather funeral and burial receipts, medical bills, pay records, and proof of the support the loved one gave the household. Start these records early. The consultation is a good place to list what exists and what is missing.<\/p>\n

Pedestrian Crash Scenarios and Who May Be Responsible<\/h2>\n

Fault in a pedestrian crash turns on how the crash happened. Under Vehicle Code \u00a7 21950<\/a>, a driver must yield to a pedestrian crossing within a marked or unmarked crosswalk at an intersection.<\/p>\n

The same statute says a pedestrian must still use due care. A pedestrian may not suddenly step from a curb into the path of a vehicle that is an immediate hazard. A driver approaching a pedestrian within a marked or unmarked crosswalk must use all due care and reduce speed or take any other action relating to the operation of the vehicle as necessary to safeguard the pedestrian. Whether the facts point to the driver<\/a>, the pedestrian, or both depends on the facts of the crash.<\/p>\n

Possible responsible parties include:<\/p>\n