After a Fatal Highway 99 Crash, Your Family Doesn't Have to Face It Alone

If someone you love died in a crash on Highway 99, 58, or 178, a fatal Highway 99 crash lawsuit may be an option for certain family members. Only specific people can bring the claim, strict deadlines apply, and key evidence can disappear quickly. This guide walks through each step in plain words.

What a Fatal Highway Crash Claim Is and Who Can Bring It

A wrongful death claim is a lawsuit brought because another person’s wrongful act or neglect caused a death. Only certain people are allowed to file it.

Under Code of Civil Procedure § 377.60, the decedent’s surviving spouse, domestic partner, children, and issue of deceased children may bring the claim. If there is no surviving issue, the persons who would be entitled to the decedent’s property by intestate succession, including the surviving spouse or domestic partner, may bring it. The decedent’s personal representative can also file it on their behalf.

Other people may qualify if they depended on the person who died. That can include a putative spouse (someone who believed in good faith the marriage was valid), stepchildren, parents, or legal guardians. A minor who lived in the household for the previous 180 days and relied on the decedent for half or more of support may also qualify.

A survival claim is different. It covers losses the person had before dying, and the personal representative or successor in interest brings it.

Who May Be Responsible for a Fatal Crash

The at-fault driver is the most common responsible party. Other parties can share responsibility, depending on what caused the crash.

• Drivers. Speeding, impairment, distraction, or driving the wrong way can all be negligent driving. Under Civil Code § 1714, a person is responsible for injury caused by a lack of ordinary care, except so far as the injured person has, willfully or by want of ordinary care, brought the injury upon themselves.
• Drivers who leave. A driver in a crash that injures someone else or kills someone must stop at once at the scene and meet the further duties in Sections 20003 and 20004, under Vehicle Code § 20001. Leaving the scene is a crime.
• Under Vehicle Code § 17150, every owner is liable for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the vehicle by anyone using it with the owner’s express or implied permission.
• Public agencies. Under Government Code § 835, a public entity can be liable for a dangerous condition of its property, but specific conditions apply. Caltrans publishes annual collision data that includes fatal crashes.

Damages Families May Be Able to Pursue

Damages are the money a claim seeks for losses caused by the death and the harm before it. Each family’s losses differ.

• Funeral and medical costs. Many families ask about burial costs and bills from the crash. Whether those fit a claim depends on the facts of each case.
• Lost income and support. Lost income and financial support are often central to these claims.
• Loss of family relationships. Some family members may seek damages for the loss of companionship and guidance.
• Survival losses. Under Code of Civil Procedure § 377.34, survival damages cover the loss the person sustained before death. Those damages generally exclude pain, suffering, and disfigurement, with limited exceptions in the statute.

No one can estimate a case’s value from a short description. The facts, evidence, and family situation all shape what a claim involves.

Deadlines: How Much Time a Family Has to Act

For a private driver, the general deadline is two years (Code Civ. Proc. § 335.1). A claim against a public agency has a much shorter first step.

• Private driver. Under Code of Civil Procedure § 335.1, an action for a death caused by another’s wrongful act generally must be brought within two years.
• Public agency. A claim for death against a city, county, or state agency such as Caltrans must be presented within six months of accrual, under Government Code § 911.2.
• Time to sue a public agency. Government Code § 945.6 sets the time to file suit.

Missing a deadline can cost a family its claim. Don’t wait for the criminal case or the coroner’s report before getting advice. Each deadline turns on the facts of the crash, so an early review helps.

Evidence and Records to Preserve After a Fatal Crash

Some of the most useful records, like vehicles and video, can be lost quickly. Start gathering them early.

• Collision report. The California Highway Patrol crash report requests page explains how to ask for a report online, in person, or by mail.
• Vehicles and vehicle data. Damaged vehicles may be repaired or sold. Ask early that they be kept.
• Coroner and medical records. Coroner findings and toxicology results matter once they are released.
• Photos, video, and witnesses. Save photos, dashcam or traffic camera footage, and witness contact details.
• A sworn statement must also be filed with the insurer within 30 days.
• Income records. Pay stubs, tax returns, and employment records help show lost income.

How a Wrongful Death Claim Works, Step by Step

A wrongful death claim usually moves through six steps, from first talks to a lawsuit if needed.

1. Consultation. The family shares the basic facts of the crash and the death.
2. Case review. The collision report, medical or coroner records, and insurance papers are reviewed.
3. Investigation. The team works to identify every party and insurer that may be responsible.
4. Claim presentation. Demands go to insurers with supporting evidence. Claims against public agencies have their own deadlines.
5. Negotiation. Some cases resolve through negotiation. No lawyer can know how a particular case will end.
6. Lawsuit. If negotiation does not resolve the claim, a lawsuit is filed in the right California court.

Each step’s length depends on the facts, the parties involved, and the court calendar.

Why Families in Bakersfield Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. The firm handles fatal crash and wrongful death matters.

• Responsible lawyer. Donald Norman Colvin is the responsible lawyer for this page. Attorneys and staff at the firm also work on these matters.
• Case types. The firm handles car, truck, bus, motorcycle, and pedestrian accident cases, plus wrongful death claims.
• Service area. Colvin Accident Lawyers is based in Bakersfield, California.
• Truck and bus crashes. These cases can involve more than one responsible party, which makes an early review useful.

Our team can walk you through each deadline and step in plain terms.

Frequently Asked Questions About Fatal Highway Crash Claims

If You Lost Someone on Highway 99, 58, or 178 in Bakersfield

A crash on these routes can leave a family asking urgent questions. Who may file? Is a public agency involved? Which records should be saved first?

If you are weighing those choices, reach out to Colvin Accident Lawyers through our contact page. We can talk through the crash, the parties involved, and the time limits that may apply to a fatal Highway 99 crash lawsuit in Bakersfield.

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