When a Bicycle Crash Takes a Loved One, You Don't Have to Face It Alone

A fatal bicycle crash wrongful death lawyer helps a family bring a civil claim after a cyclist dies because of another person’s negligent or wrongful act. In California, only certain family members and heirs can bring that claim, and strict deadlines apply. This page explains who may sue, what the law lets families seek, and the steps that usually follow. Colvin Accident Lawyers is based in Bakersfield and represents accident victims and families in Kern County and nearby communities.

What a Fatal Bicycle Crash Wrongful Death Claim Is

A wrongful death claim is a civil lawsuit filed after someone dies because of another person’s wrongful act or neglect. It asks a court to decide who must answer for the family’s losses. It is separate from any criminal case against the driver, so it follows its own rules and timing.

California law names who may bring the claim. Under Code of Civil Procedure § 377.60, the claim may be brought by:

• The cyclist’s surviving spouse or domestic partner, and children.
• If there is no surviving issue, the people who would inherit the cyclist’s property under intestate succession.
• Dependent family members, including a putative spouse (a spouse in a marriage believed in good faith to be valid), stepchildren, and parents.
• A minor who lived in the cyclist’s household for the previous 180 days and got at least half of their support from the cyclist.

A personal representative may also bring the claim on the family’s behalf. The firm handles wrongful death cases involving cyclists killed by drivers, trucks, buses, and some unsafe property conditions.

Crash Situations That Lead to Fatal Bicycle Claims

Fatal bicycle claims usually start with a driver’s unsafe choice, the way a large vehicle operates, or a dangerous road or property condition.

• Speeding. No driver may go faster than is reasonable for the conditions, and never at a speed that endangers others (Vehicle Code § 22350).
• Distraction or impairment. Drivers who are on phones, impaired, or not paying attention often miss riders at intersections and when turning (bicycle safety facts).
• Large trucks and buses. Blind spots and wide turns can hide a rider from the driver.
• Road and property hazards. A pothole, debris, or a missing warning can force a rider into traffic. When a public agency owns the property, it can be liable only if the property was in a dangerous condition that caused the injury and created a reasonably foreseeable risk of that kind of injury, and either a negligent or wrongful act or omission of an employee within the scope of employment created the dangerous condition or the agency had actual or constructive notice of it a sufficient time before the injury to have taken measures to protect against it (Government Code § 835).

Knowing these patterns helps families ask the right questions early, while the facts are still fresh.

Who Can File and What Damages May Be Recovered

Eligible family members can seek damages tied to the death, and the court decides how any award is shared. Under Code of Civil Procedure § 377.61, a court may award damages that are just under all the circumstances, but those damages may not include damages recoverable under Section 377.34.

A survival claim is different. It covers losses the cyclist suffered before death. Under Code of Civil Procedure § 377.34, those losses do not include pain, suffering, or disfigurement, except in a limited filing window. That window covers actions granted preference before January 1, 2022, or filed on or after January 1, 2022 and before January 1, 2026. Whether a filing falls inside that window depends on the filing date.

Families often raise losses such as lost financial support, help around the home, and the loss of the cyclist’s company and guidance. Shared fault also shapes the result. Under Civil Code § 1431.2, each defendant pays non-economic damages only in proportion to its own share of fault. Under Civil Code § 1431.2, a defendant’s liability for non-economic damages is several only, so each defendant is liable only for the share of non-economic damages allocated to it in direct proportion to its percentage of fault.

Filing Deadlines and Claims Against Public Entities

Most wrongful death lawsuits against private parties must generally be filed within two years (Code Civ. Proc. § 335.1). Claims against public agencies start with a shorter written notice.

• Private defendants. Code of Civil Procedure § 335.1 sets a two-year limit for an action for death caused by another’s wrongful act or neglect.
• City, county, or state agencies. A claim for a death must be presented within six months under Government Code § 911.2.
• Waiting period. Under Government Code § 945.4, except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity until the written claim is acted on or deemed rejected.

Evidence matters early. Useful items include the police report number, the bicycle and helmet, clothing, photos of the scene, witness names, vehicle damage, and any video. Keep the bicycle as it is, because repairs or disposal can remove key proof.

How a Wrongful Death Bicycle Case Typically Moves Forward

A typical case moves from a first talk to evidence gathering, a written claim, negotiation, and, if needed, a lawsuit. Each step builds on the one before it.

The first consultation is free, confidential, and carries no obligation to continue.

1. Initial consultation. The family explains what happened and what questions they have.
2. Document review. Gather the death certificate, the collision report, coroner or medical examiner findings, medical records, and insurance information.
3. Investigation. Review the scene, vehicle damage, witness accounts, and the rider’s route and equipment. Identify every party and insurer that may be involved.
4. Claim presentation. Notify insurers in writing and submit a demand with the evidence. A claim against a public agency comes first under the notice rules above.
5. Negotiation. Talks with insurers can take many months.
6. Lawsuit if needed. If a fair resolution isn’t reached, a lawsuit is filed. The case then moves through discovery (the exchange of evidence) and possibly trial.

Families who keep a running list of bills, funeral costs, and lost household help give their lawyer a clearer record from the start.

Fault, Insurance, and Common Objections

Families often hear a few common objections:

• “The policy won’t pay.” California Insurance Code § 11580.2 provides that uninsured motorists coverage insures the insured for all sums within the limits established by law that the insured is legally entitled to recover as damages for bodily injury, including any resulting sickness, disease, or death, from the owner or operator of an uninsured motor vehicle. The same section provides that an uninsured motor vehicle also means an insured motor vehicle whose liability insurer is unable to make payment within the policy limits because of insolvency, where the insurer becomes insolvent within one year of the accident, and that this solvency protection applies only to accidents occurring during a policy period in which its insured’s motor vehicle coverage is in effect (Insurance Code § 11580.2). The family’s own uninsured motorist coverage may apply in some cases.
• “The rider was partly at fault.” Shared fault is reviewed under the comparative rule above, not treated as an automatic bar.

Insurers may contact family members soon after a death. Ask questions about any statement before you give one.

Colvin Accident Lawyers in Bakersfield: Who Handles This Work

Colvin Accident Lawyers, based in Bakersfield, takes on fatal bicycle crash wrongful death matters for families. The firm also handles wrongful death cases from car, truck, motorcycle, pedestrian, and bus crashes.

• Location. The firm’s base is Bakersfield. It represents families in Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.
• Responsible lawyer. Donald Norman Colvin is the responsible lawyer for this page.
• Related claims. A fatal crash can also involve a road hazard, a commercial vehicle, or a catastrophic injury before death. The firm handles premises liability and catastrophic injury matters, so related claims can be reviewed together.
• Our team. Our team works through the facts of each crash, the deadlines, and the paperwork with the family.

Frequently Asked Questions