Bakersfield Wrongful Death Lawyers for Grieving Families

Can I sue after a wrongful death in Bakersfield? Often, yes. California law lets certain family members bring a wrongful death claim (a lawsuit for a death caused by another person’s wrongful act or negligence). This guide covers who may file, how fault works, the deadlines, and what families can seek. The answer depends on the facts of each death.

Who Can Bring a Wrongful Death Claim After a Pedestrian Death in California?

Surviving spouses, domestic partners, and children can bring the claim. Some other relatives can too, in certain situations. California’s wrongful death statute lists who may file. Code Civ. Proc. § 377.60

The list starts with the decedent’s surviving spouse, domestic partner, and children. If there is no surviving issue of the decedent, the people who would inherit the decedent’s property by intestate succession, including the surviving spouse or domestic partner, may file. Parents and stepchildren who were dependent on the decedent can also qualify, as can minors who resided for the previous 180 days in the decedent’s household and were dependent on the decedent for one-half or more of the minor’s support.

Standing (the legal right to file) depends on the relationship. A spouse, domestic partner, or child stands in a different position than a parent, who may need to show dependence.

The claim is brought by eligible family members, or by the decedent’s personal representative (the person appointed to handle the estate) on their behalf.

What Must Be Shown About Fault in a Pedestrian Death Case?

The family must show that someone was negligent (careless) and that the carelessness caused the death. California’s general rule makes a person responsible for harm caused by a lack of ordinary care. Civ. Code § 1714

Pedestrian traffic rules matter in these cases. Under Veh. Code § 21950, a driver must yield to a pedestrian in a marked crosswalk, or in an unmarked crosswalk at an intersection. Pedestrians still must use due care. They may not suddenly step into the path of a vehicle that is an immediate hazard.

Outside a crosswalk, the rule changes. Under Veh. Code § 21954, a pedestrian must yield to vehicles that are so near they create an immediate hazard. The driver still must use due care for the pedestrian’s safety.

Evid. Code § 669 provides that a person’s failure to exercise due care is presumed when that person violated a statute, ordinance, or regulation of a public entity, the violation proximately caused death or injury, the death or injury resulted from an occurrence of the kind the statute, ordinance, or regulation was designed to prevent, and the injured person was one of the class of persons it was meant to protect. The driver can try to rebut that presumption by proving that they did what a person of ordinary prudence would have done under similar circumstances while wanting to comply with the law.

Useful proof often includes police reports, witness names, video, vehicle data, and lighting and road conditions.

How Long Do Families Have to File a Wrongful Death Claim?

Generally, a wrongful death lawsuit must be filed within two years. Code Civ. Proc. § 335.1

A common mistake is assuming the two-year rule covers every case. Claims against a public entity (a government body such as a city, county, or transit agency) have a shorter first step. A claim relating to a death, injury to person, or injury to personal property or growing crops generally must be presented not later than six months after the claim arose; other claims must be presented not later than one year after they arose. If a public entity such as a city, county or state agency may be responsible, a claim for death or injury must be presented to that entity not later than six months after the cause of action accrues, and a claim relating to any other cause of action must be presented not later than one year after accrual (California Government Code section 911.2). That six-month clock can end long before the two-year date.

Write down key dates now. Include the time and date of the crash, the date of death, and any letters from police, insurers, or agencies. Video and vehicle data can be lost over time, so early requests help.

What Can a Wrongful Death Lawsuit Recover in California?

Under Code Civ. Proc. § 377.61, damages may be awarded that, under all the circumstances of the case, may be just, but those damages may not include the survival damages covered by Section 377.34.

Code Civ. Proc. § 377.34 Code Civ. Proc. § 377.34 Pain, suffering, and disfigurement are generally excluded from that claim. The statute includes limited exceptions tied to filing dates.

Families usually gather medical bills, funeral and burial receipts, pay records, and proof of household contributions. Each category needs its own proof. No general guide can predict the value of a case, because every death and every family differs.

What Happens After You Reach Out?

The process usually starts with a first consultation and then moves through evidence, the claim, and possibly a lawsuit. Timelines vary from case to case.

1. First consultation. A lawyer reviews the facts, the family’s relationship to the person who died, and the deadlines that may apply.
2. Evidence requests. Letters ask that video, vehicle data, and records be kept. Police, coroner, and medical records are gathered.
3. Responsible parties and insurance. The review identifies every party that may share responsibility, and the insurance that may cover them, including commercial and government policies.
4. Losses and claim. The family’s losses are documented, and the claim is presented to the insurer or responsible entity.
5. Negotiation or lawsuit. If a fair resolution isn’t reached, a lawsuit is filed before the deadline. The California Courts Self-Help Guide explains that a wrongful-death complaint can be filed on a Judicial Council form.

Why Families Work With Colvin Accident Lawyers in Bakersfield

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

Donald Norman Colvin is the responsible lawyer for this page. Our team also includes assistants and office staff who support the firm’s day-to-day work.

Our team listens to the family’s account, explains the legal options under California law, and answers questions before anyone decides anything. That approach fits a family that needs clear answers before it chooses a next step.

Frequently Asked Questions About Suing After a Pedestrian Wrongful Death

Talk With Colvin Accident Lawyers About Your Family’s Options

If a family member was struck and killed while walking, you may be gathering answers while still grieving. You don’t have to sort out the deadlines and legal questions alone.

Asking whether you can sue after a wrongful death in Bakersfield is a fair question to bring to a lawyer. Contact Colvin Accident Lawyers through our contact page to ask whether your family may have a claim and which deadlines may apply.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site.