When a pedestrian or cyclist is struck and killed by a vehicle, the impact ripples far beyond the accident scene. Families are left grieving, often burdened with unexpected expenses, lost income and countless unanswered questions. If your loved one was killed in a pedestrian or bicycle accident, you may have grounds to pursue a wrongful death claim under California law.
These claims are about more than compensation. They are a path toward accountability and some measure of justice.
When can you file a wrongful death claim?
Wrongful death claims arise when a person dies due to the negligent or reckless actions of another. In bicycle and pedestrian accidents, this often involves:
- Distracted or impaired driving
- Speeding or failing to yield at a crosswalk
- Unsafe road design or poor lighting
- Commercial vehicle operator negligence
- Faulty traffic signals or missing signage
In California, only certain people can bring a wrongful death claim. This usually includes a spouse or domestic partner, children or, in some cases, financially dependent relatives.
Types of compensation available
The law allows families to recover both economic and non-economic damages. These are intended to cover the losses caused by the person’s death, such as:
- Funeral and burial expenses
- Loss of the deceased’s financial support
- Loss of household services
- Emotional pain and suffering
- Loss of companionship and guidance
In some rare cases, punitive damages may be available through a related survival action if the at-fault party’s behavior was especially reckless or harmful.
Common challenges with wrongful death claims
Proving fault can be complex. Drivers often claim the pedestrian “came out of nowhere” or that the cyclist was weaving through traffic. Insurance companies may downplay your loss or dispute liability altogether. Because of these challenges, it is crucial to gather evidence early, such as traffic camera footage, eyewitness accounts and police reports.
Do not make this mistake
One of the most common mistakes grieving families make is waiting too long to act. California’s statute of limitations gives you only two years from the date of death to file a wrongful death claim. Missing this deadline can mean losing the right to recover anything at all.
Seeking justice after tragic loss
Losing a loved one in a preventable accident is devastating. While no amount of money can replace what has been taken, a wrongful death claim can offer families a way to regain stability and hold the responsible party accountable.
If you believe someone’s negligence led to the death of a family member, it is worth exploring your legal options without delay.