Fatal Highway 58 Crash Wrongful Death Lawyer Kern County

A California wrongful death claim after a fatal crash generally belongs to certain surviving family members. 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 generally must be filed within two years. Families searching for a fatal Highway 58 crash wrongful death lawyer in Kern County often ask who can sue, how much time they have, and what to do first. This guide answers those questions in plain terms.

What a Wrongful Death Claim Is and Who It Helps

A wrongful death claim is a lawsuit brought because another person’s wrongful act or neglect caused a death. The claim is brought by the people the law allows to bring it, not by the person who died. Relatives and friends often research this on a family’s behalf, and the same basic questions apply.

Caltrans annual collision data sorts California state highway crashes into categories such as fatal, pedestrian, and bicycle crashes. That shows how many kinds of road users can be hurt on routes like Highway 58.

Colvin Accident Lawyers is based in Bakersfield. The firm handles wrongful death claims from car, truck, motorcycle, bicycle, pedestrian, bus, and hit-and-run crashes. It also handles wrong-way and head-on collisions. If your loved one was riding a bicycle or e-bike, the core legal questions are the same, but the facts differ.

Who Can File a Wrongful Death Lawsuit in California

The decedent’s surviving spouse, domestic partner, children, and issue of deceased children can bring the claim under Code Civ. Proc. § 377.60. If there is no surviving issue of the decedent, the people who would inherit the property under intestate succession (the state’s default inheritance rules), including the surviving spouse or domestic partner, may bring it.

Other people may also qualify. Under Code of Civil Procedure section 377.60(b), a putative spouse, children of the putative spouse, stepchildren, parents, or the decedent’s legal guardians (if the parents are deceased) may bring a claim if they were dependent on the decedent. Parents may also have a claim without showing dependency when the person who died left no children or other descendants and the parents would inherit under California’s intestate succession rules (Code Civ. Proc. § 377.60(a)). A minor who lived in that person’s household for the previous 180 days and relied on them for at least half of their support may also qualify. The decedent’s personal representative can file on these people’s behalf.

The general deadline is set out in Code Civ. Proc. § 335.1. It says an action for the death of a person caused by another’s wrongful act must be brought within two years. Don’t assume you have more time than that.

A public agency may be involved if a road condition or government vehicle played a role. Under Gov. Code § 911.2, a claim for death against a public entity must be presented not later than six months after the cause of action accrues.

First Steps After a Fatal Crash on Highway 58

The first steps protect the crash record, the death records, and the family’s proof of loss. Start with these items.

• Get the collision report. Ask the agency that investigated the crash for its report.
• Order certified death certificates. A certified copy must be attached to the successor-in-interest affidavit under Code Civ. Proc. § 377.32.
• Save evidence. Keep photos, dashcam or phone video, witness names, and messages about the crash.
• Track expenses. Keep bills and receipts for funeral, burial, and medical costs.
• Be careful with insurers. Get advice before giving any recorded statement to an insurance company.
• Know the driver’s duty. Under Veh. Code § 20001, a driver in a crash causing injury or death must stay at the scene. A driver who violates this in a crash causing death faces imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or a fine of not less than $1,000 nor more than $10,000, or both that imprisonment and fine. Cal. Veh. Code § 20001 reads: “If the accident described in subdivision (a) results in death or permanent, serious injury.” However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment.
• Report to the DMV. Under Veh. Code § 16000, a driver in an accident causing bodily injury or death must report it within 10 days. The report can be made personally or through an insurance agent, broker, or legal representative.

An early conversation helps a family sort these steps by what matters most in their situation.

What a Wrongful Death Claim Can Include

A wrongful death claim seeks damages a court finds just under all the circumstances. Code Civ. Proc. § 377.61 says the court decides how the award is shared among the people entitled to it.

Many families also hear about a survival claim. This claim covers the losses the person who died suffered before death. The estate or successor in interest brings it. Under Code Civ. Proc. § 377.34, those damages are limited to losses sustained before death. They generally do not include pain, suffering, or disfigurement.

A narrow exception once allowed pain and suffering damages in these claims. It applied to actions that were filed between January 1, 2022 and January 1, 2026, or that were granted a preference under Section 36 before January 1, 2022.

A survival claim and a wrongful death claim arising out of the same wrongful act or neglect can be joined or consolidated for trial under Code Civ. Proc. § 377.62.

Each claim turns on its own facts, including the decedent’s age, earnings, family ties, and how the crash happened.

Do You Need a Lawyer, and What the Process Looks Like

Many families talk with a lawyer early. Fatal crash cases often involve insurers, several parties, and filing rules that are easy to miss.

A typical sequence looks like this:

1. Free consultation. You share what happened and which papers you have.
2. Records. The team gathers the collision report, death and medical records, and expense bills.
3. Investigation. The crash is reviewed to understand how it happened and who may share fault.
4. Insurer contact. The firm communicates with insurers and other parties on the family’s behalf.
5. Filing, if needed. If talks do not resolve the claim, a lawsuit may be filed within the deadlines.

Timelines vary. Some claims resolve through negotiation, while others move through court. No lawyer can say in advance what a result will be.

Why Families Bring This Claim to Colvin Accident Lawyers

Families who need a fatal Highway 58 crash wrongful death lawyer in Kern County can start with Colvin Accident Lawyers. The firm is a Bakersfield personal injury practice. It focuses on accident victims and families, including wrongful death and catastrophic injury matters.

Donald Norman Colvin is the responsible lawyer for this page. The firm’s assistants and office staff help families with paperwork and records. Our team serves Kern County and nearby areas from the Bakersfield office.

The first consultation is free and confidential, with no obligation to continue. That is the only fee information this page gives, and it is the firm’s stated policy.

Frequently Asked Questions About Fatal Highway 58 Crash Claims