Fatal Pedestrian Accident Lawyer in California

• California recorded 1,106 pedestrian deaths in 2023, 27 percent of all traffic deaths in the state.
• Only certain family members can file a wrongful death claim: the spouse or domestic partner, children, and, if none, the heirs who would inherit, plus certain dependent relatives (Code Civ. Proc. §377.60).
• The family's claim and the estate's survival action are separate; since January 1, 2026 the survival action no longer includes the decedent's own pain and suffering.
• Two years to file (§335.1); six months to present a claim if a city, county, Caltrans or transit agency is involved (Gov. Code §911.2).
• If the driver fled or was uninsured, the decedent's or a household member's uninsured motorist coverage may pay (Ins. Code §11580.2).

Sources: Code Civ. Proc. §§335.1, 377.30, 377.34, 377.60 · Gov. Code §911.2 · Veh. Code §§16056, 20001, 21950 · Ins. Code §11580.2 · UC Berkeley SafeTREC 2025 Traffic Safety Facts (FARS 2023)

California law limits who may bring a wrongful death claim (Code Civ. Proc. §377.60). The surviving spouse or domestic partner, the children, and the issue of deceased children always have standing. If none survive, the people who would inherit under intestate succession may file, usually the parents, then siblings. Certain relatives who were financially dependent on the person who died, including a putative spouse, stepchildren, parents and household minors, may file regardless. California allows one wrongful death action per death, so every heir should be identified and joined at the outset. See our full guide to who can file a wrongful death claim in California.

Surviving families can generally recover both financial and personal losses: the lifetime financial support the person who died would have provided, the value of household services, funeral and burial expenses, and the loss of their love, companionship, comfort, care and guidance (Code Civ. Proc. §377.61). A separate survival action, brought by the estate, recovers the medical expenses and lost earnings the decedent incurred before death and any punitive damages the driver's conduct warrants (§377.34(a)). For actions filed on or after January 1, 2026, the survival action no longer includes the decedent's own pain and suffering; California allowed that only for filings between 2022 and 2025. Because every family's losses are different, a legal professional can review what your case may involve.

A driver is liable when their negligence caused the death. California Vehicle Code §21950 requires drivers to yield to pedestrians in marked and unmarked crosswalks and to slow or take other action to protect them; §21954 keeps the duty of due care in force even when a pedestrian crosses mid-block; §22350 forbids driving faster than is reasonable for conditions. The most common failures in fatal cases are speeding on arterial roads, turning without checking the crosswalk, distraction and impairment. If the pedestrian was partly at fault, the family's recovery is reduced by that percentage, not eliminated (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). When the crash happened at a location the city or Caltrans knew was dangerous, the agency may share liability, subject to the six-month claim rule.

Compensation may still be available when the driver flees. Leaving the scene of a fatal crash is a felony under Vehicle Code §20001, and police investigations often identify the driver through cameras, debris and body-shop reports. If the driver is never found or carried no insurance, uninsured motorist coverage on the decedent's own auto policy, or on the policy of a household family member, can provide a recovery, provided the crash was reported to police within 24 hours and to the insurer under oath within 30 days (Ins. Code §11580.2(b)). California's minimum liability coverage is only $30,000 per person and $60,000 per accident (Veh. Code §16056), so underinsured motorist coverage is often critical even when the driver is identified. A legal professional can review every available policy with you.

In most California wrongful death cases you have two years from the date of death to file a lawsuit (Code Civ. Proc. §335.1). If a government entity may be responsible, for a dangerous road, crossing or signal, or for a city, county, Caltrans or transit vehicle, a written government claim must be presented within six months of the death (Gov. Code §911.2) before any lawsuit. Evidence deadlines are shorter still: intersection camera footage is often overwritten within weeks. Because missing a deadline can end your case, it is best to speak with a legal professional early.