Lost a Loved One in a Bicycle Crash? You Don't Have to Face It Alone.

A wrongful death claim lets certain family members seek monetary damages after someone dies because of another person’s negligence or wrongful act. This guide explains the fatal bicycle crash wrongful death claim Kern County families may need to understand: who can bring it, what it can cover, and which deadlines may apply. Colvin Accident Lawyers is based in Bakersfield, California, and represents accident victims and families.

What a Fatal Bicycle Crash Wrongful Death Claim Is and Who Can Bring One

A wrongful death claim is brought after a person dies because of someone else’s negligence. California law limits who may file it.

Under Cal. Code Civ. Proc. § 377.60, these people may bring the claim:

• The decedent’s surviving spouse or domestic partner.
• The decedent’s children, and the children of a child who has died.
• If there are no surviving children or their descendants, the people who would inherit the property under intestate succession (inheritance rules that apply when there is no will).
• Dependent family members, such as a putative spouse, stepchildren, or parents. If the decedent’s parents have died, the decedent’s legal guardians may act.
• A minor who lived in the decedent’s household for the previous 180 days and relied on the decedent for one-half or more of support.

The decedent’s personal representative can also bring the claim on their behalf. Eligibility depends on family structure and dependency, so each family’s situation matters.

Liability can reach more than the driver. Under Cal. Veh. Code § 17150, a motor vehicle owner can be liable for a negligent driver who used the vehicle with the owner’s express or implied permission.

What the Claim Can Cover: Losses Survivors May Recover

Survivors can seek losses tied to the death, such as lost financial support, lost household services, funeral costs, and loss of companionship. Under Cal. Civ. Code § 1431.2, non-economic damages are subjective, non-monetary losses.

Cal. Civ. Code § 1431.2 defines economic losses as objectively verifiable monetary losses, such as medical expenses, lost earnings, and burial costs. It defines non-economic losses as subjective losses, such as loss of society, companionship, and consortium.

A separate survival claim covers losses the decedent suffered before death. Under Cal. Code Civ. Proc. § 377.34, those damages generally do not include pain, suffering, or disfigurement. The statute has a narrow exception for actions granted a preference under Section 36 before January 1, 2022, or filed from January 1, 2022 through January 1, 2026, so the preference or filing date matters.

Records help show these losses. Earnings records, household routines, medical bills, and funeral invoices are useful starting points.

How Bicycle Fatalities Happen and Who May Be Responsible

Responsibility depends on what each party did and what each party controlled. Common crash patterns include a driver failing to yield at an intersection, turning across a cyclist’s path, rear-ending a cyclist, or driving while distracted or impaired.

Speed matters too.

A city, county, or transit agency can also be responsible for a dangerous road condition. Under Cal. Gov. Code § 835, a public entity can be liable if the condition was dangerous, caused the injury, created a foreseeable risk of that harm, and either a public employee’s negligence created it or the entity had notice in time to fix it.

Evidence That Matters Early and Why Timing Counts

The general deadline for a death claim is two years, but a claim against a public entity has a shorter first step. Under Cal. Code Civ. Proc. § 335.1, the period for an action over a death caused by another’s wrongful act is two years.

Under Cal. Gov. Code § 911.2, a claim for a death against a public entity must be presented not later than six months after the cause of action accrues. A lawsuit against a public entity has its own timing rule under Cal. Gov. Code § 945.6, which depends on written notice under the claims rules.

Evidence to preserve includes:

• The police or collision report.
• Names and contact details for witnesses.
• Photos of the scene, the bicycle, and any helmet or gear.
• Vehicle damage records.
• Video from traffic cameras or nearby businesses, if any exists.
• Coroner or medical examiner records.

Footage can be overwritten, and roads get repaired, so early preservation matters. Contact us early so the firm can review these dates and records in time.

What to Expect: The Process From First Call to Resolution

The process starts with a free consultation and moves through review, investigation, and either negotiation or a lawsuit.

1. Initial consultation. The first consultation is free, confidential, and has no obligation to continue.
2. Case review. The firm reviews the crash facts, reports, family losses, and applicable deadlines.
3. Investigation and claim presentation. The firm gathers records and presents the claim to insurers or other responsible parties.
4. Negotiation or lawsuit. Many claims resolve through negotiation, while others require a lawsuit. The path depends on the facts and the parties involved.
5. Resolution. The case ends in a settlement or judgment, and the firm explains how each step affects the family.

Timelines vary. No one can predict the length or result of a case in advance.

How Colvin Accident Lawyers Helps Families in Kern County

Colvin Accident Lawyers is based in Bakersfield, California. The firm represents accident victims and families in car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Donald Norman Colvin is the responsible lawyer for this site. The firm also has assistants and office staff who work alongside its lawyers.

The firm’s stated service areas include Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi. Families in these communities can reach the firm through its contact page.

Common Questions About Bicycle Wrongful Death Claims

A fatal bicycle crash wrongful death claim in Kern County often raises the same few questions, and California’s fault and filing rules answer most of them.

Talk With Colvin Accident Lawyers About Your Family’s Situation

If you’re reading this while grieving and trying to understand a crash, you’re facing hard questions at a hard time. You don’t have to work through the deadlines and records alone. When you’re ready, reach out to our team to talk through what happened.