When a child dies, your family deserves clear answers and steady support

Can a parent bring a wrongful death claim after a child dies in a crash? In certain cases, yes. California law sets out who may sue for a death caused by another person’s wrongful act or neglect, and parents can be on that list. Colvin Accident Lawyers is a child wrongful death lawyer California families can reach from its base in Bakersfield. We represent families after car, truck, bus, bicycle, and pedestrian crashes involving children. This page explains who may file, what a claim can include, and what to expect next.

Who Can Bring a Child Wrongful Death Claim in California?

Parents can bring this claim in some situations, depending on the facts. Code of Civil Procedure § 377.60 names who may assert a claim for a death caused by another’s wrongful act or neglect. The first group includes a decedent’s surviving spouse, domestic partner, children, and issue of deceased children. If there’s no surviving issue, the people who would inherit the decedent’s property may sue.

Certain others can sue even outside that first group, if they were dependent on the decedent: the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. The statute lists the putative spouse, children of the putative spouse, stepchildren, parents, and, when parents have died, legal guardians. A minor can also sue in some cases. The minor must have lived in the decedent’s household for the previous 180 days and depended on the decedent for one-half or more of the minor’s support.

Time limits matter. The California Courts Self Help Guide notes that personal-injury suits generally must be filed within two years of the injury. For a death caused by another’s wrongful act, the two-year period appears in Code of Civil Procedure § 335.1. If a public entity such as a city or county may be responsible, a claim must be presented within six months under Government Code § 911.2. An early call helps you sort out which deadlines apply.

Crashes Involving Children We Handle

We handle child wrongful death claims from car, truck, bus, bicycle, and pedestrian crashes. Each type raises its own questions about who may be responsible.

• Car crashes. Under Vehicle Code § 22350, no driver may go faster than is reasonable or prudent for the weather, visibility, traffic, and road. No speed may endanger people or property.
• Pedestrian crashes. Under Vehicle Code § 21950, a driver must yield to a pedestrian in a marked crosswalk or an unmarked crosswalk at an intersection. Pedestrians still must use due care for their own safety.
• Bicycle crashes. The same wrongful death rules apply to a child on a bicycle. The facts of the ride and the driver’s conduct are central.
• Truck and bus crashes. A company may be involved as well as the driver. When a driver was working, the employer may be part of the claim. Driver logs and maintenance files often matter.
• Catastrophic injuries. Some children die days or weeks after serious injuries. We can talk through how the crash and the cause of death connect.

What a Child Wrongful Death Claim Can Include

A claim can seek damages that are just under all the circumstances of the case, but the decedent’s own damages under Section 377.34(a) are not recoverable in it. Code of Civil Procedure § 377.61 uses that standard. The statute also says the court decides how an award is divided among the people entitled to sue.

Families often raise funeral and burial costs and the loss of the child’s presence at home. Section 377.34 covers a different claim: an action by the decedent’s personal representative or successor in interest on the decedent’s own cause of action, where damages are limited to the loss or damage the decedent sustained or incurred before death, including any penalties or punitive damages the decedent could have recovered had they lived. Damages for pain, suffering, or disfigurement are generally excluded, but they may be included if the action was granted a preference under Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026. Which of these fit a case turns on its facts. Bills, receipts, school records, and statements from family members can help show what the child meant to the household.

Fault may be shared among drivers, companies, and property owners. We look at each party’s role before a claim is valued or filed. No honest lawyer can say in advance what a claim will be worth.

Evidence Families Should Know About After a Fatal Crash

Early evidence matters most: the crash report, witness names, photos, and vehicle and company records. Memories and records can change quickly, so early action helps.

• The crash report. Ask the agency that responded, such as local police or the California Highway Patrol, for the report.
• Witness details. Write down names and phone numbers of anyone who saw the crash.
• Photos and messages. Save photos, video, and texts about the crash and the day it happened.
• Vehicle and company records. In truck and bus cases, driver logs, maintenance files, and dispatch records can be key.
• Medical records. Hospital and medical records document the child’s injuries and the cause of death.

Keep originals when you can, and note who you spoke with after the crash. Bring copies of everything to your first consultation, even if you’re not sure what matters yet.

What to Expect: Steps From the First Call to Resolution

The process moves through a first consultation, investigation, a demand, negotiation, and, if needed, a lawsuit. Your first consultation is free and confidential, with no obligation to continue.

1. First consultation. You describe the crash and your child’s circumstances. We explain the deadlines that may apply.
2. Investigation. We gather reports, records, and evidence, and notify the responsible parties and their insurers.
3. Claim review and demand. We review the facts and the law, then prepare a demand for the responsible parties.
4. Negotiation or lawsuit. If a fair resolution isn’t reached, a lawsuit may be filed before the deadline. Timelines vary with the court’s schedule, and a lawsuit is not the first step in every case.
5. Resolution. The court decides how any award is divided among the people entitled to sue.

To begin, reach out through our contact page.

Why Families Choose Colvin Accident Lawyers

Colvin Accident Lawyers is based in Bakersfield and focuses on the injury and death cases listed on this site. For families who need a child wrongful death lawyer California, we start with a plain explanation of the options.

Donald Norman Colvin is the lawyer responsible for this page. Our team includes support staff who handle family communication and case work. We keep families informed at each stage of a claim, and we aim to explain each step in plain words.

We serve families across Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi. Our work covers car, truck, bus, bicycle, pedestrian, motorcycle, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Common Questions Parents Ask About a Child’s Wrongful Death Claim

Bicycle and pedestrian crashes are covered, families can take time to decide, and bringing records helps. Here are the questions we hear most often.