{"id":6887,"date":"2026-11-08T06:02:53","date_gmt":"2026-11-08T06:02:53","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/at-fault-driver-died-wrongful-death-california\/"},"modified":"2026-11-08T06:03:00","modified_gmt":"2026-11-08T06:03:00","slug":"at-fault-driver-died-wrongful-death-california","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/wrongful-death-lawyer\/at-fault-driver-died-wrongful-death-california\/","title":{"rendered":"Wrongful Death Claim If At-Fault Driver Died in California"},"content":{"rendered":"\n
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Wrongful Death | Bakersfield and Kern County<\/p>

The At-Fault Driver Has Died. Your Family Still Has Legal Options.<\/h1>

Colvin Accident Lawyers helps California families understand wrongful death claims when the person responsible for a fatal crash has passed away. Your first consultation is free, confidential, and comes with no obligation to continue.<\/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 8, 2026<\/p>\n\n

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Can a Wrongful Death Claim Continue If the At-Fault Driver Died in California?<\/h2>\n\n
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Not sure what your next step is?<\/h3>

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

Short Answer: Can the Claim Continue After the At-Fault Driver Dies?<\/h2>\n

A wrongful death claim can still move forward in California after the at-fault driver dies. The driver’s death does not automatically end the family’s right to pursue a claim. Families searching for a wrongful death claim if at-fault driver died California often want one answer first: is anything still available? The answer depends on the crash itself, whether the driver had insurance that applies, what the driver’s estate holds, and how the claim is filed. Colvin Accident Lawyers is based in Bakersfield, California, and handles wrongful death cases arising from many kinds of crashes. This page explains the basic rules, who may bring a claim, where recovery may come from, and the deadlines that matter most.<\/p>\n

How California Law Keeps a Claim Alive After a Death<\/h2>\n

California law generally keeps a claim alive after the person who caused the harm dies. The main rule is in Code Civ. Proc. \u00a7 377.20<\/a>. It says a cause of action “is not lost by reason of the person’s death, but survives subject to the applicable limitations period.” In plain words, the claim keeps going, but the normal time limits still apply.<\/p>\n

Code Civ. Proc. \u00a7 377.40<\/a> adds the mechanics. A claim that survives a death may be asserted against the decedent’s personal representative, the person who manages the estate. In some cases the statute also allows a successor in interest. The claim is also subject to the Probate Code’s creditor-claim rules, so the estate process is part of the path.<\/p>\n

California also treats two kinds of claims differently. A wrongful death claim belongs to certain family members and covers their own losses from the death. Many fatal crash cases involve both. Families should not assume one covers everything the other does.<\/p>\n

Who Can Bring a Wrongful Death Claim in California<\/h2>\n

A wrongful death claim may be brought by certain family members, or by the decedent’s personal representative on their behalf. The list appears in Code Civ. Proc. \u00a7 377.60<\/a>. The main group includes:<\/p>\n