Losing a Loved One on Highway 178? Talk With a Bakersfield Wrongful Death Lawyer

A wrongful death claim lets certain family members seek compensation after someone dies because of another person’s negligence. If you need a fatal Highway 178 crash wrongful death lawyer, the first step is understanding who can file, what a claim can cover, and which deadlines matter. This page explains those basics in plain terms.

Who Can File a Wrongful Death Claim in California?

Certain close family members, and sometimes the estate’s representative, can bring the claim. California Code of Civil Procedure § 377.60 names who may sue. Those people include:

• The surviving spouse or domestic partner, and the children.
• If there is no surviving issue, the people who would inherit the person’s property.
• Dependent family members, such as stepchildren or parents who relied on the person who died.
• A minor who lived in the person’s household for the previous 180 days and relied on them for at least half of their support.

Whether a person qualifies turns on that person’s relationship to the decedent and on who else survives. Two separate claims may exist. The wrongful death claim covers the family’s own losses. The survival claim covers the losses the person suffered before death, but generally does not include damages for pain, suffering, or disfigurement, except in limited cases under Code of Civil Procedure § 377.34(b), such as actions granted a preference under Section 36 before January 1, 2022, or filed on or after January 1, 2022, and before January 1, 2026. Under Code of Civil Procedure § 377.30, that claim passes to a successor in interest, and the personal representative may bring it or, if there is none, the successor in interest may.

What Can a Wrongful Death Claim Cover?

A wrongful death claim seeks compensation for the losses the death caused. A survival claim seeks the losses the person suffered before dying. Families commonly raise these types of losses:

• Funeral and burial costs.
• Medical bills and other expenses tied to the crash.
• Lost financial support the person would have given family members.
• Loss of companionship, comfort, guidance and household help.

For a survival claim, the rules are narrow. Under Code of Civil Procedure § 377.34, survival damages do not include pain, suffering or disfigurement. The exception covers only certain actions filed from 2022 through 2025, or granted a preference earlier. A family should not count on that exception for a claim filed now. No dollar value can be estimated here. Any recovery turns on evidence of the losses and on the insurance available.

Which Highway 178 Crashes May Support a Claim?

A fatal crash may support a claim when another party’s negligence or wrongful act caused the death. The IIHS state fatality statistics break down motor-vehicle deaths by road-user type. Common crash types include:

• Head-on collisions, including crashes where a driver crosses into oncoming lanes.
• Crashes involving impaired, distracted or fatigued drivers. Crash reports, witness statements and phone records often help prove these facts.
• Commercial truck and bus crashes can involve more than one party, and who is involved depends on the facts of each case.
• Motorcycle, bicycle and pedestrian deaths.
• Hit-and-run crashes, where the driver is not identified. See fatal hit-and-run claims.

California follows comparative negligence. Under Civil Code § 1431.2, each defendant’s share of non-economic damages generally follows its own percentage of fault.

What Deadlines Protect a Wrongful Death Claim?

Most wrongful death lawsuits must be filed within two years under Code of Civil Procedure § 335.1. Claims against a public entity can have a much shorter first step. Under Government Code § 911.2, a claim for death must be presented within six months after it accrues. That can apply when a city, county or state may be responsible, such as for a road condition. Whether any deadline applies to your family depends on the facts of the case. Cases tied to roadway conditions follow different rules, which are covered in fatal crash claims when the driver died.

Early steps can protect the claim:

• Request the investigating agency’s crash report.
• Write down witness names and contact details while memories are fresh.
• Keep photos, medical bills, funeral invoices and other expense records.
• Speak with a lawyer before giving a recorded statement to an insurance company.
• Remember that vehicle data and phone records can be lost over time, so early preservation matters.

How Does the Process Work After You Reach Out?

A wrongful death matter usually moves through a consultation, an investigation, claims to insurers, and then negotiation or a lawsuit. Here is the typical path:

1. Free first consultation. The first consultation is free, confidential and carries no obligation to continue.
2. Case review. We review the crash report, scene and vehicle evidence, and insurance information.
3. Notices and claims. We send preservation letters and present claims to the responsible insurers or public entities.
4. Negotiation. The family hears every offer and decides what to do next.
5. Lawsuit, if needed. If the claim cannot be resolved fairly, a lawsuit may be filed. Discovery, mediation or trial may follow.

Timelines vary from case to case. No outcome can be predicted here, and each step depends on the evidence your family can gather.

Why Families Work With Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield. It represents families in Kern County and nearby communities. Donald Norman Colvin is the responsible attorney for this page. Our support staff, including assistants and office staff, help families organize records, schedule meetings and keep up with updates.

Our team handles wrongful death cases alongside car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability and catastrophic injury cases. We explain each deadline in plain language. We also explain what each step means and what the family can expect next. Families who need a fatal Highway 178 crash wrongful death lawyer can bring questions to our office in Bakersfield.

Frequently Asked Questions About Fatal Highway 178 Crash Claims

Can a family recover if the person who died was partly at fault?

Talk With a Bakersfield Wrongful Death Lawyer About the Crash on Highway 178

If a fatal crash on Highway 178 took someone you love, a conversation about your options is a practical next step. Use our contact page to reach Colvin Accident Lawyers. Bring the crash report, medical and funeral records, and any letters from insurers. At that first conversation, we review the deadlines that may apply and discuss your options in plain terms.

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