Fatal Truck Accident? Talk With a Bakersfield Wrongful Death Lawyer

Looking for a fatal truck accident wrongful death lawyer Bakersfield families can reach? Start with the first question most families ask: is there a claim at all? In California, eligible family members can bring a wrongful death claim when another person’s wrongful act or neglect causes a death. Colvin Accident Lawyers is based in Bakersfield, California, and offers a free, confidential first consultation with no obligation to continue. This page explains who may sue, who may be responsible, and what happens next.

What a Fatal Truck Accident Wrongful Death Claim Is

A wrongful death claim is brought after a person dies because of someone else’s negligence or wrongful act. California law says who may bring it. Under Code of Civil Procedure § 377.60, the claim may be asserted by the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue, the persons who would be entitled to the decedent’s property by intestate succession, including the surviving spouse or domestic partner. Dependent persons may also bring it, including dependent parents, stepchildren, children of a putative spouse, and a putative spouse, and the decedent’s legal guardians may bring it if the parents are deceased. The decedent’s personal representative can file on their behalf.

A wrongful death claim is different from a survival claim. A survival claim belongs to the person who died and passes through the estate. It covers losses that person suffered before death. Families often mix the two, so the damages section below separates them.

Who Can Be Held Responsible in a Kern County Truck Crash

More than one party can be responsible after a truck crash. Families should look beyond the driver.

• The truck driver, for negligent driving.
• Truck accident claims can involve more than one responsible party, depending on the facts of the case.
• The truck owner. California makes an owner liable for death or injury caused by a negligent or wrongful act in operating the vehicle, when the operator had permission. See Vehicle Code § 17150.
• Maintenance contractors, cargo loaders, and parts makers, depending on the facts.
• A broker that selected the carrier.

Many truck cases involve more than one insurance policy. The Insurance Institute for Highway Safety publishes national large-truck crash fatality statistics. A public agency becomes part of the case only when a road condition or government duty is at issue.

Federal Trucking Rules and Evidence Worth Preserving

Federal trucking rules require carriers to keep certain records. Some are kept only for a short time.

• Duty status records. Drivers must record duty status for each 24-hour period, generally with an electronic logging device. See 49 CFR 395.8.
• Vehicle inspection reports. 49 CFR 396.11 expressly covers driver vehicle inspection reports. Federal hours-of-service rules require a motor carrier to keep each driver’s records of duty status, along with the supporting documents required under that part, for not less than 6 months from the date of receipt (49 C.F.R. § 395.8(k)(1)). See 49 CFR 396.11.
• See 49 CFR 391.51.

Other evidence often matters. Examples include dispatch logs, maintenance records, dashcam video, the truck’s event data, the police report, and photos of the scene and vehicles.

Because some records have short retention periods, an early written preservation request matters. You don’t need to gather these records before you call. At consultation, the firm reviews what your family already has against the crash facts.

Damages a Surviving Family May Pursue

A wrongful death claim can seek losses the family suffered because of the death. These may include:

• Financial support the person would have provided
• The types of losses a family may claim depend on the facts of each case and applicable law.
• Funeral and burial costs, and medical bills tied to the death

The survival claim is narrower. Under Code of Civil Procedure § 377.34, damages recoverable in that action are generally limited to losses the person suffered before death. They generally do not include pain, suffering, or disfigurement, except in limited situations the statute describes.

Fault can be shared among defendants. Under Civil Code § 1431.2, non-economic damages are generally divided by each defendant’s share of fault. Each claim’s value turns on its own facts, evidence, and available insurance.

Deadlines: How Much Time Families Have to File

For most wrongful death claims against private parties, California generally allows two years to file a lawsuit. Code of Civil Procedure § 335.1 sets a two-year period for actions for the death of an individual caused by another’s wrongful act or neglect. Exceptions can apply, so the dates should be checked early.

Claims against a public entity move on a shorter clock. Government Code § 911.2 requires a claim for a death within six months after the claim accrues. Under Government Code § 945.4, a lawsuit against a public entity generally can’t be filed until that claim is acted on or deemed rejected.

Don’t wait while you gather records. Your first consultation is the place to confirm which deadlines apply.

What to Expect: The Step-by-Step Process

Most cases move through six stages, from first consultation to resolution.

1. First consultation. Your family shares the crash details, your relationship to the person who died, and any papers you have received.
2. Evidence preservation. Preservation letters go to the carrier and others who hold records. The crash report is collected.
3. Responsible parties and insurance. The firm identifies each potentially responsible party and the policies that may apply.
4. Claim presentation. The claim goes to insurers, and negotiations begin. Your family is kept informed of significant developments.
5. Lawsuit, if needed. If talks don’t resolve the claim, a lawsuit may be filed in the proper California court. Discovery and depositions follow, and trial is possible.
6. Resolution. Any required court approval is handled, and money is distributed to eligible family members.

Each stage takes a different amount of time in each case. The firm explains the likely path once the facts are known.

Why Families Contact Colvin Accident Lawyers

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

Donald Norman Colvin is the lawyer responsible for this page. Our team includes assistants and office staff who support each case. Families in Kern County and nearby communities can reach the firm about these matters.

Frequently Asked Questions