When a Pedestrian Is Killed, Your Family Deserves Answers

A fatal pedestrian accident wrongful death lawyer helps a family learn whether a claim exists after a walker is killed by a vehicle in California. Who may sue, what the claim covers, and how fast to act all matter. Colvin Accident Lawyers, based in Bakersfield, offers a free, confidential initial consultation with no obligation to continue.

What a Fatal Pedestrian Wrongful Death Claim Is and Who Can File It

A wrongful death claim lets certain surviving family members seek damages when another person’s negligence causes a death. When a driver’s carelessness kills a pedestrian, the family may have this kind of claim.

California law sets out who may bring it. Under Code of Civil Procedure section 377.60, subdivision (a), the decedent’s surviving spouse, domestic partner, children, and issue of deceased children may bring the action or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. Under subdivision (b), whether or not they qualify under subdivision (a), the following persons may also bring the action if they were dependent on the decedent: a putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. The decedent’s personal representative may also bring it on their behalf.

Other people can qualify too. Under subdivision (b) of the same section, a putative spouse, children of the putative spouse, stepchildren, parents, or legal guardians (if the parents are deceased) may bring the claim if they were dependent on the decedent. A minor who lived in the decedent’s household for the previous 180 days and relied on the decedent for half or more of support may also qualify.

What the Claim Covers: Survivor Losses and the Survival Action

Families facing a wrongful death often have many questions about what comes next. A survival action seeks losses the loved one suffered before death. The two work differently, so families should know which is which.

Under Code Civ. Proc. § 377.34, a survival action generally does not include damages for pain, suffering, or disfigurement. The exception in subdivision (b) is narrow. It covers cases granted a preference pursuant to Section 36 before January 1, 2022, or filed on or after January 1, 2022 and before January 1, 2026. Whether that exception applies depends on when and how the case was filed.

Under Code Civ. Proc. § 377.61, damages may be awarded that the court finds just under all the circumstances. They may not include damages recoverable under § 377.34. The court decides how the award is divided among the people entitled to it.

Families usually gather funeral and burial receipts, medical bills, pay records, and proof of the support the loved one gave the household. Start these records early. The consultation is a good place to list what exists and what is missing.

Pedestrian Crash Scenarios and Who May Be Responsible

Fault in a pedestrian crash turns on how the crash happened. Under Vehicle Code § 21950, a driver must yield to a pedestrian crossing within a marked or unmarked crosswalk at an intersection.

The same statute says a pedestrian must still use due care. A pedestrian may not suddenly step from a curb into the path of a vehicle that is an immediate hazard. A driver approaching a pedestrian within a marked or unmarked crosswalk must use all due care and reduce speed or take any other action relating to the operation of the vehicle as necessary to safeguard the pedestrian. Whether the facts point to the driver, the pedestrian, or both depends on the facts of the crash.

Possible responsible parties include:

• The driver who failed to yield, pay attention, or slow down.
• The vehicle owner, in some cases.
• A commercial employer, when the driver was working, such as a delivery, bus, or truck driver.
• A property owner or public entity, when a road or property condition played a role.

In a hit-and-run, Vehicle Code § 20001 requires a driver in a crash that injures or kills someone to immediately stop at the scene. Families should report the crash and any witness, video, or vehicle details right away. A driver who leaves may still be identified through investigation.

Claims against a public entity follow a shorter clock. Under Government Code § 911.2, a claim for death must be presented not later than six months after it accrues. A city or county road defect is one example.

How a Wrongful Death Case Works: Steps and Timeline

A typical case moves from a consultation to evidence gathering, a written claim, and negotiation. A lawsuit may follow if a fair result is not reached. Each step has its own timing, so families should start early.

1. Consultation. The family describes the crash, the loved one, and their questions. No decision is needed on the spot.
2. Evidence. Request the police or traffic collision report, locate witnesses, and look for nearby video. Keep the decedent’s clothing and phone records if they may help.
3. Insurance and parties. Identify every insurer and possible source of payment. Notify them of the claim.
4. Records and demand. Gather medical, funeral, and income records. Present a written demand to the responsible insurer or entity.
5. Negotiation or lawsuit. Negotiation is one path. If a fair result isn’t reached, a lawsuit may be filed.

Deadlines matter. Under Code Civ. Proc. § 335.1, an action for injury to, or for the death of, an individual caused by the wrongful act or neglect of another must be brought within two years, but other deadlines may apply depending on the claim and the facts of the case. Claims against a public entity have the six-month requirement described above. Track both clocks.

Insurance Coverage and Uninsured Drivers

Insurance often decides which payment sources are available. Families should identify every policy early. The at-fault driver’s liability coverage is one source.

If the at-fault driver has no applicable insurance, the family’s own uninsured motorist coverage may matter. Ins. Code § 11580.2 provides that an uninsured motor vehicle includes an underinsured motor vehicle as defined in subdivision (p) of that section. The statute also covers some cases where an insurer cannot pay because it is insolvent.

The same statute says “bodily injury” includes death resulting from it. Coverage questions can take time to sort out. The consultation is where the family can ask which policies may apply. No one can predict the amount a policy will pay.

Why Families in Kern County Contact Colvin Accident Lawyers

Colvin Accident Lawyers is based in Bakersfield, California. The firm represents accident victims and families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Donald Norman Colvin is the responsible lawyer for this page. The firm also has assistants and office staff who help families through the process.

The firm explains each step in plain language. That way, families can make their own decisions about how to proceed. No lawyer can promise a result in a wrongful death case. The consultation is for listening, reviewing the facts, and explaining the options.

Frequently Asked Questions