Losing a loved one in a pedestrian accident is devastating, both emotionally and financially. When a driver’s negligence or recklessness causes a fatal collision, surviving family members have the right to seek justice through a wrongful death lawsuit. California’s legal framework provides a path to hold at-fault parties accountable, recover damages, and potentially prevent similar tragedies in the future.
California’s Wrongful Death Statute Explained
California Code of Civil Procedure § 377.60 governs wrongful death claims. The statute allows specific surviving relatives—such as spouses, domestic partners, children, and, in some cases, parents or financially dependent stepchildren—to sue for losses resulting from the decedent’s death. The claim is civil, meaning it seeks monetary compensation rather than criminal penalties. Even if the driver faces criminal charges like vehicular manslaughter, a separate civil action can proceed simultaneously or afterward.
Who Can File and in What Order
The statute sets an order of priority. First in line are the decedent’s surviving spouse or registered domestic partner, followed by children. If there are no direct heirs, parents, siblings, or individuals financially dependent on the deceased may file. When multiple heirs exist, they generally must join together in a single lawsuit. Courts can consolidate separate actions to ensure efficiency and avoid conflicting judgments.
Damages Recoverable in a Fatal Pedestrian Case
Wrongful death damages fall into two broad categories: economic and noneconomic. Economic damages include funeral and burial costs, medical expenses incurred before death, the decedent’s expected earnings, and the value of household services the deceased would have provided. Noneconomic damages compensate for the loss of love, companionship, comfort, care, assistance, and moral support. Unlike many states, California does not cap noneconomic damages in pedestrian wrongful death cases. Punitive damages are typically unavailable in wrongful death claims unless a survival action is filed concurrently, but egregious conduct—such as DUI or hit-and-run—can open the door to punitive liability through the estate’s survival claim.
Proving Liability After a Fatal Collision
Establishing fault requires demonstrating the driver owed a duty of care, breached that duty, and directly caused the pedestrian’s death. Evidence often includes police accident reports, traffic-camera footage, eyewitness statements, and forensic accident reconstruction. Expert testimony may be necessary to explain vehicle speed, stopping distances, and whether the pedestrian was visible and legally crossing. Smartphones and vehicle infotainment logs can reveal distracted driving, while toxicology reports confirm impairment. Even when liability seems clear, insurance carriers may dispute causation or argue the pedestrian was partially at fault.
Comparative Negligence and Its Impact on Recovery
California follows a pure comparative negligence system. If the deceased pedestrian was partially responsible—perhaps by jaywalking or crossing against a signal—the award is reduced by that percentage of fault. For example, if a jury awards $2 million but finds the pedestrian 25 percent at fault, the net recovery to the family is $1.5 million. Skilled legal counsel can minimize assertions of pedestrian negligence by highlighting factors such as inadequate street lighting, faded crosswalk markings, or excessive driver speed.
Special Considerations for Government Entity Defendants
Some fatal pedestrian accidents involve dangerous road design, malfunctioning traffic signals, or inadequate signage. In those cases, municipalities or state agencies may share liability. Claims against public entities follow strict procedural rules under California Government Code §§ 910–912.4. A written government claim must be filed within six months of the death; failure to meet this deadline can bar the lawsuit entirely. If the agency denies or ignores the claim, plaintiffs have six months to file suit in civil court.
Statute of Limitations and Procedural Deadlines
For private defendants, wrongful death actions must be filed within two years of the date of death under CCP § 335.1. A related survival action—seeking damages the decedent could have claimed if they had lived—must be filed within the later of two years from the injury or six months after death. Tolling may apply for minor children until they reach age eighteen, but families should consult counsel promptly to avoid missing critical deadlines.
Evidence Families Should Gather Early
Prompt evidence preservation strengthens a wrongful death claim. Families should secure the accident report, request any available traffic-camera footage before it is overwritten, and obtain 911 audio. Photographs of the scene, skid marks, or debris help accident reconstructionists. Medical records and autopsy reports establish cause of death. If the driver was on the job, employment and vehicle maintenance records become vital. Witnesses’ memories fade quickly, making early recorded statements crucial.
Settlements Versus Trial in Wrongful Death Cases
Most wrongful death claims settle before reaching trial. Insurers often prefer settlement to avoid the unpredictability and publicity of a jury verdict, especially when liability is strong. However, families should not rush to accept early offers that undervalue future financial losses or emotional harm. Seasoned attorneys use economists to calculate lifetime earnings, life-care planners for future service losses, and psychologists to articulate the depth of noneconomic damages. If negotiations stall, taking the case to trial can yield a verdict reflecting the full scope of the family’s loss.
Practical Steps for Grieving Families
- Obtain the collision report and consult a wrongful death attorney immediately.
- Preserve evidence: photos, medical bills, funeral receipts, and pay stubs to document lost income.
- Avoid talking to the at-fault driver’s insurer without counsel; recorded statements can be used to shift blame.
- Keep a journal detailing emotional and daily-life impacts—valuable for demonstrating noneconomic damages. 5. File a government claim promptly if a public agency might share liability.
Conclusion
A fatal pedestrian accident shatters families, but California’s wrongful death laws provide a mechanism to pursue accountability and financial relief. Whether the tragedy occurred in a bustling San Diego intersection or a rural county road, surviving relatives can recover compensation for both economic and emotional losses. Understanding comparative negligence, procedural deadlines, and potential public-entity involvement is essential. Experienced San Diego pedestrian accident attorney can navigate these complexities, honor the decedent’s memory, and secure justice for those left behind.
References
- California Code of Civil Procedure § 377.60. (2023). Retrieved from https://leginfo.legislature.ca.gov
- California Code of Civil Procedure § 335.1. (2023). Retrieved from https://leginfo.legislature.ca.gov
- California Government Code §§ 910–912.4. (2023). Retrieved from https://leginfo.legislature.ca.gov
- California Vehicle Code § 21950. (2023). Retrieved from https://leginfo.legislature.ca.gov
- California Office of Traffic Safety. (2023). Pedestrian fatality statistics.
- San Diego Vision Zero Task Force. (2024). Annual pedestrian safety report.
- National Highway Traffic Safety Administration. (2022). Fatality Analysis Reporting System (FARS) overview.
