{"id":6349,"date":"2026-11-05T05:24:34","date_gmt":"2026-11-05T05:24:34","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/can-family-sue-after-fatal-hit-and-run-california\/"},"modified":"2026-11-08T08:47:35","modified_gmt":"2026-11-08T08:47:35","slug":"can-family-sue-after-fatal-hit-and-run-california","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/can-family-sue-after-fatal-hit-and-run-california\/","title":{"rendered":"Wrongful Death Lawyer Bakersfield: Fatal Hit-and-Run"},"content":{"rendered":"\n
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Wrongful Death | Bakersfield, CA<\/p>

Lost a Loved One in a Hit-and-Run? We Are Here to Help Your Family.<\/h1>

Colvin Accident Lawyers represents families in Bakersfield and throughout Kern County after a fatal hit-and-run. Every case depends on its own facts.<\/p>

Get a Free Case Consultation<\/a><\/div>
Get a Free Case Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Donald Norman Colvin \u00b7 Published November 5, 2026<\/p>\n\n

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Can My Family Sue After a Fatal Hit and Run in California?<\/h2>\n

Can my family sue after a fatal hit and run California?<\/em> In many cases, yes. California law lets certain surviving family members bring a wrongful death claim when a driver’s conduct causes a death. Who may file, who may be named, and which insurance may pay all depend on the facts of each case. This guide explains the main pieces in plain language. Colvin Accident Lawyers is based in Bakersfield, and this page is written for families in Kern County and across California.<\/p>\n\n

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If you're trying to make sense of a crash that took someone you love, you don't have to sort out the claim alone. We're glad to talk it through with your family. 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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Who Is Allowed to Bring a Wrongful Death Claim in California<\/h2>\n

Close family members are the first group the law names. Under Code Civ. Proc. \u00a7 377.60<\/a>, a surviving spouse, domestic partner, and children may assert a wrongful death claim. If there is no surviving issue, the people who would inherit the decedent’s property may bring it.<\/p>\n

Other dependents may also qualify. The statute lists a putative spouse, stepchildren, parents, and legal guardians of the decedent, when the parents have died. These people must have been dependent on the decedent. A domestic partner must have been in a registered domestic partnership when the person died, although for a death occurring prior to January 1, 2002, a person may maintain a cause of action as a domestic partner by establishing the statutory factors listed in paragraphs (1) to (6) of subdivision (b) of Section 297 of the Family Code.<\/p>\n

Families also hear the term “personal representative.” This is the person who handles the decedent’s estate. That person must sign an affidavit or declaration under penalty of perjury and attach a certified death certificate, as required by Code Civ. Proc. \u00a7 377.32<\/a>.<\/p>\n

Questions change if the person who died was driving. That situation has its own issues, so see our driver fatality page. For the broader framework, see our wrongful death lawyer<\/a> overview.<\/p>\n

Suing When the Driver Fled: Identifying the Defendant<\/h2>\n

Hit-and-run drivers must stop at the scene. Under Veh. Code \u00a7 20001(a)<\/a>, a driver in an accident that injures or kills a person must immediately stop.<\/p>\n

When the driver is unknown, the facts usually come from the crash scene and the investigation. The California Highway Patrol’s traffic page<\/a> describes the collision and crash-report process. Evidence that often matters includes:<\/p>\n