Fatal Crash at Work? Talk With a Bakersfield Wrongful Death Lawyer

In California, a family may bring a wrongful death claim against a third party while workers’ compensation benefits move forward. This page explains how a fatal crash at work can support that kind of claim, who can file it, and what to expect after you reach out to Colvin Accident Lawyers.

What a Fatal Work-Related Crash Wrongful Death Claim Is

A wrongful death claim is a lawsuit that eligible family members bring, or the decedent’s personal representative brings on their behalf, when another person’s wrongful act or neglect causes a death. Code Civ. Proc. § 377.60 Code Civ. Proc. § 377.60 sets out who may assert this claim.

Under Cal. Code Civ. Proc. § 377.60, a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by certain specified persons, or by the decedent’s personal representative on their behalf.

This page covers fatal crashes that happen while a worker is on the job or traveling for work, including:

• Car and truck crashes involving a work vehicle
• Bus and shuttle crashes involving employees or passengers
• Motorcycle and bicycle deaths caused by a motorist
• Pedestrian deaths in parking lots, loading areas, and roadside work zones

Each case turns on who caused the crash and how it happened. That is why the first step is a direct conversation about the facts.

Why a Work Crash Can Support a Separate Third-Party Claim

A work crash death can support a claim against a third party. That claim can proceed alongside workers’ compensation, though the details depend on the facts, including who caused the crash.

Workers’ compensation is the system that pays benefits for work-related injuries and deaths. Labor Code § 3600 makes the employer’s compensation liability generally take the place of any other liability whatsoever to any person, with specific exceptions.

Examples can include:

• Another driver who caused the crash
• A company that owned or maintained a vehicle or road
• A maker of a defective brake or tire part

When money comes from a third-party case, Labor Code § 3856 sets the order. Reasonable litigation expenses and attorney’s fees are paid first. Cal. Lab. Code § 3856, subdivision (c), governs actions that the employee and the employer prosecute jointly, in a single action or in consolidated actions, whether they are represented by the same agreed attorney or by separate attorneys. The employer may then have a reimbursement right for its compensation payments, and who files the suit affects how that works.

Who Can Bring the Claim and What Families May Recover

Code Civ. Proc. § 377.60 also covers certain dependents, such as stepchildren, dependent parents, and a minor who resided for the previous 180 days in the decedent’s household and relied on the decedent for half or more of support.

A separate survival claim covers losses the worker suffered before death. Code Civ. Proc. § 377.34 limits those damages and generally excludes pain, suffering, or disfigurement. A temporary exception allowed those damages only in an action granted a preference under Section 36 before January 1, 2022, or filed on or after January 1, 2022, and before January 1, 2026, so that filing window has now closed, and a survival action filed on or after January 1, 2026, does not fall within it (Code Civ. Proc. § 377.34(b)). Under Code Civ. Proc. § 377.62, an action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect.

Common At-Work Crash Scenarios We Handle

Our practice covers these types of cases, including:

• Trucks and delivery vans on highways and city streets, especially on fixed routes or tight schedules
• Buses and shuttles carrying employees or passengers on work trips
• Workers struck by a motorist during a commute or work errand
• Pedestrians hit in parking lots, loading areas, and work zones

Pedestrian cases start with the driver’s duty. Vehicle Code § 21950 requires drivers to yield to pedestrians in marked crosswalks and in unmarked crosswalks at intersections. The same section says pedestrians must still use due care.

Vehicle data, dash camera footage, maintenance logs, dispatch records, and police reports can all matter. The Insurance Institute for Highway Safety’s large-truck fatality statistics track deaths in crashes involving these vehicles.

How the Process Works After Your Family Calls

After you call, our team reviews the crash with you and explains the next steps. A typical path includes these stages:

1. First contact. You describe the crash, the worker’s role, and your questions.
2. First consultation. We review the facts and what the family has so far.
3. Evidence requests. We ask for the police report and, where available, vehicle and employer records.
4. Benefits coordination. We look at workers’ compensation alongside any third-party claim.
5. Investigation. We identify each party and insurer and work through the family’s losses.
6. Resolution or lawsuit. Some claims resolve without trial, and others go to court. The path varies with each case.

Timing matters. Code Civ. Proc. § 335.1 says that an action for the death of an individual caused by the wrongful act or neglect of another is to be filed within two years. Other deadlines can apply, so families should ask early.

About Colvin Accident Lawyers

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

Donald Norman Colvin is the responsible attorney for this site. The firm serves families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Our support staff help families with calls, paperwork, and case updates. We aim to keep each family informed about where the claim stands and what comes next.

Questions Families Ask About Fatal Work Crash Claims

Most families ask about the employer, workers’ compensation, and deadlines first.

Talk With Colvin Accident Lawyers About Your Family’s Loss

If a loved one died in a crash connected to work, your family may have a third-party claim worth reviewing now. Acting early helps preserve records, identify every party who may be responsible, and sort out how workers’ compensation fits with a lawsuit.

The first consultation is free, confidential, and carries no obligation to continue. You can reach us through our online contact page to start the conversation.

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