Lost a Loved One in a Highway 119 Crash? You Don't Have to Face It Alone.

Under Cal. Code Civ. Proc. § 377.60, a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the persons listed in that section, or by the decedent’s personal representative on their behalf. A fatal Highway 119 crash wrongful death lawyer can explain who may file, what the claim can cover, and which deadlines apply. Colvin Accident Lawyers is based in Bakersfield and serves families in Kern County and nearby communities.

What a Highway 119 Wrongful Death Claim Is

A wrongful death claim is a civil case. It asks for compensation when another person’s wrongful act or neglect causes a death. Crashes on Highway 119 can involve cars, trucks, motorcycles, bicycles, pedestrians, and buses. Each type raises its own questions about fault and evidence.

A civil claim is different from a criminal case. The government brings a criminal case, and it can lead to punishment for the person charged. A wrongful death claim is brought by the family or the estate, and it seeks money for losses.

You do not need to know who was at fault before you reach out. Many families start with one question: what happened, and what are our options? The first step is a conversation about the facts.

Who Can File a Wrongful Death Claim in California

Certain family members can bring the claim. The decedent’s personal representative can also bring it on their behalf. Under Cal. Code Civ. Proc. § 377.60, the group includes a surviving spouse, domestic partner, and children. If there are no surviving children or their descendants, the people who would inherit under intestate succession (which can include parents) may file. Whether or not they qualify that way, a putative spouse, children of a putative spouse, stepchildren, parents, or legal guardians (if the parents are deceased) may file if they were dependent on the decedent. So may a minor who lived in the decedent’s household for the previous 180 days and was dependent on the decedent for one-half or more of the minor’s support.

Deadlines matter. Cal. Code Civ. Proc. § 335.1 sets a two-year limit for an action for a death caused by another’s wrongful act or neglect.

If a public entity may be responsible, the deadline is much shorter. A county or the state may be involved when a roadway defect plays a role. Cal. Gov. Code § 911.2 requires a claim relating to a death to be presented generally within six months after it accrues.

Exceptions can apply, so don’t assume the general deadline is the only one. Early contact helps identify which deadlines fit your family’s situation.

What a Wrongful Death Claim Can Cover

A wrongful death claim can seek money losses and personal losses. Under Cal. Civ. Code § 1431.2, economic damages are objectively verifiable monetary losses. Those include medical expenses, loss of earnings, and burial costs. Non-economic damages are subjective losses, such as loss of society and companionship.

Families often document:

• Medical and emergency bills paid before death
• Burial and funeral costs
• Income and support the decedent would have provided
• Household services the decedent used to perform
• Loss of companionship, guidance, and care

A separate survival claim covers the decedent’s own losses before death. Cal. Code Civ. Proc. § 377.34 generally excludes pain and suffering from that claim. It also has exceptions for an action granted a preference under Section 36 before January 1, 2022, or filed on or after January 1, 2022, and before January 1, 2026, so a lawyer should review whether one applies to the filing date.

Bills, pay records, tax returns, and family records all support the claim. Every case turns on its own facts and proof.

Who May Be Responsible After a Fatal Crash

Responsibility depends on how the crash happened. More than one party may be involved. Investigators look at driver conduct, vehicle condition, road conditions, and the company behind a commercial vehicle.

Common causes include speeding, impairment, distraction, unsafe lane changes, and fatigue. Truck crashes also fall under federal rules. 49 C.F.R. § 395.3 says a driver of a property-carrying commercial motor vehicle may not drive without first taking 10 consecutive hours off duty, except as otherwise provided in § 395.1.

Companies that hire or dispatch drivers can be part of a claim.

Vehicle makers and parts makers can matter when a defect contributed to the death. Public agencies can matter when a dangerous road condition or missing warning played a role. The claim deadlines above apply in those cases.

Our team reviews the collision report, scene evidence, and vehicle data before naming any party. For background on large-truck crash deaths, the Insurance Institute for Highway Safety publishes fatality research.

How a Wrongful Death Case Moves Forward

A typical case moves through a free consultation, evidence work, insurance talks, and then settlement talks or a lawsuit. Timelines vary with the crash and the parties involved.

1. Free first consultation. You describe the crash, the person who died, and your questions. The first consultation is confidential and carries no obligation to continue. You can contact the firm to begin.
2. Evidence requests. The firm requests the collision report from the investigating agency. It also gathers witness information, photos, vehicle data, and medical records. A preservation letter asks others to keep evidence.
3. Insurance communication. Insurers may ask for recorded statements early. Talk with a lawyer before you give one.
4. Damages documentation. The team gathers bills, income records, and proof of family losses.
5. Claim and negotiation. The claim is presented, and talks with insurers begin.
6. Lawsuit if needed. If talks do not resolve the claim, a lawsuit may be filed to protect deadlines.

Why Families Choose Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield. Donald Norman Colvin is the responsible lawyer for this site. Our team works on car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi can reach the firm. You can call or reach out through the contact page.

Our approach starts with the facts, the deadlines, and clear answers to your questions. We will not overstate what a case is worth or what it will bring.

Frequently Asked Questions