A Police Chase Took Someone You Love. Understanding Your Claim Starts Here.

A wrongful death claim against a government agency generally must be presented in writing within six months. This guide covers the wrongful death police chase California rules families need, in plain words, so they can act in time.

The Six-Month Claim Deadline for a Government Vehicle Crash Death

A claim for a death caused by a government vehicle generally must be presented within six months. Gov. Code § 911.2 sets that period for a cause of action for death. The period runs from accrual, the legal start date of the claim. Families should not assume they have more time.

This step is a claim, not a lawsuit. Under Gov. Code § 945.4, a suit for money or damages generally cannot be brought until the claim has been acted on or deemed rejected.

A late claim can block the case. Many people have heard of a two-year deadline for injury cases (Code Civ. Proc. § 335.1). Claims against public agencies run on a much shorter clock. Relief from a late claim is possible only in limited cases, and it is never a sure thing. That is why the date of the death should prompt a call to a lawyer right away.

Who Can Bring a Wrongful Death Claim in California

A short list of family members and heirs can bring the claim, and state law sets that list. Under Code Civ. Proc. § 377.60, the decedent’s surviving spouse, domestic partner, and children can bring the claim. So can the issue of deceased children.

If there is no surviving issue, the people who would inherit the decedent’s property by intestate succession may bring it. Certain dependent persons can also sue. Those include parents who were dependent on the decedent, and a minor who resided in the decedent’s household for the previous 180 days and was dependent on the decedent for one-half or more of the minor’s support. The claim can be asserted by the decedent’s personal representative on their behalf.

Identify the people who fit these categories early. The claim must show the claimant’s name and post office address, plus the address where notices should be sent. That is required under Gov. Code § 910. Parents of an adult child should check their own status with a lawyer, because the statute’s categories turn on the facts of each family.

Why Government Vehicle Crashes Are Handled Differently

A public agency is generally not liable for an injury unless a statute provides a basis for liability. Gov. Code § 815 starts from that rule. Liability is also subject to any immunity the statute provides and to any defenses that would be available to a private person, so the legal steps are different from a crash with a private driver.

The main rule for employee driving is in Gov. Code § 815.2. A public entity is liable for injury caused by an employee’s act or omission within the scope of employment. That applies when the act would have created a claim against the employee, unless the employee is immune. In practice, the claim usually runs against the agency.

Punitive damages are not available against a public entity. Gov. Code § 818 provides that a public entity is not liable for damages imposed primarily for the sake of example and by way of punishing the defendant. Timing also matters after the claim is handled. Under Gov. Code § 945.6, if written notice of rejection is given in accordance with Section 913, a suit generally must start within six months after the date the notice is personally delivered or deposited in the mail. Under Gov. Code § 946.6(f), if the court makes an order relieving the petitioner from Section 945.4, suit on the cause of action to which the claim relates shall be filed with the court within 30 days thereafter.

Police Pursuits: What Makes These Cases Different

Police pursuit cases raise questions that a regular crash case does not. The first questions are usually what the agency’s pursuit rules said and whether officers followed them. Those rules shape how the case is built from the start.

Immunity is a central issue. Under Gov. Code § 815, a public entity’s liability is subject to any immunity provided by statute. Whether an immunity applies depends on the facts and the specific statute. A lawyer must check those rules against the records in each case.

Common fact questions include these. How did the pursuit start? Who approved it, and when? Did it continue as the risk grew? What did the agency’s written policy require? The answers come from records and witness accounts, not from general rules alone. Families can help by writing down what they know while memories are fresh.

Other Government Vehicles: Patrol Cars, Buses, Transit, and Public Works Trucks

Many government vehicles are involved in fatal crashes. Common examples include California Highway Patrol cruisers, sheriff’s units, city police cars, public transit and city buses, and county or city work trucks. Each type can involve a different public agency.

Identifying the right agency is part of the claim. The claim must name the public employees involved, if known. Under Gov. Code § 910, the claim must also describe the date, place, and other circumstances of the crash. A claim sent to the wrong agency can cause delay that a family cannot afford.

The same statute sets a rule about dollars. If the amount claimed exceeds $10,000, the claim may not include a dollar amount. It must still say whether the claim would be a limited civil case. That detail is easy to miss, so it is worth checking before a claim is sent.

Evidence That Is Often Time-Sensitive

The most useful records are often held by the agency. These include the collision report, dispatch and pursuit logs, the agency’s written pursuit policy, and any video from patrol cars, body cameras, or nearby cameras. Each item can show what happened and when.

Early review helps. Video and records can be overwritten or lost under the agency’s own routines. Memories also fade with time. A lawyer who reviews the crash early can decide what to request and how quickly to request it.

Families can keep their own records, too. Useful items include the crash date, witness names, photos, medical bills, and any letters from the agency. Keep them in one place and bring them when you talk with a lawyer.

Common Mistakes That Can Cost a Family Its Claim

The most common mistake is waiting past the six-month deadline. Families often wait while they gather information or talk with the agency. That wait uses up the clock.

Other mistakes can be just as costly:

• Sending the claim to an individual officer instead of the public entity.
• Sending the claim to the wrong agency, such as a county when a city vehicle was involved.
• Missing the suit deadline after the claim is rejected or deemed rejected, under Gov. Code § 945.6.
• Assuming a late claim can always be fixed. Relief under Gov. Code § 911.4 requires a written application within a reasonable time, not more than one year after accrual. The application must state the reason for the delay.

Each step has its own clock. A mistake at one step can affect the rest of the case.

What a Wrongful Death Claim Can Seek to Recover

A wrongful death claim seeks damages the law considers just. Code Civ. Proc. § 377.61 allows damages that may be just under all the circumstances of the case. The same section excludes certain damages recoverable under another section of the code.

The court also decides how any award is divided. Section 377.61 says the court determines the respective rights of the persons entitled to bring the claim. Heirs should expect that the court will determine the respective rights in any award among the persons entitled to bring the claim.

Tax treatment is a separate question. Tax questions about a settlement depend on the specific facts of each case. Each family’s situation differs, so the facts of the case decide which damages apply.

Why Timing Matters: Taking the Next Step

If a crash with a patrol car, city bus, or county truck took a family member’s life, the six-month clock may already be running. You may not know which agency is involved. You may also wonder whether a written claim is still possible.

Our team can review the date of the death, the agency involved, and the claim steps with you. Colvin Accident Lawyers is based in Bakersfield. Your first consultation is free, confidential, and comes with no obligation to continue.

Reach out through our contact page to talk about the crash and the deadline.

Frequently Asked Questions