Fatal Crash Reported on SR-118 West Near Rocky Peak Fire Department Road

Authorities reported a fatal crash on westbound SR-118 near Rocky Peak Fire Department Road; further details were not released.

Who may bring a wrongful death claim in California

When a collision results in death, California law allows specific family members to bring a wrongful death claim. The categories are defined by statute and generally include a surviving spouse or domestic partner, children, and, where there is no surviving spouse or issue, others who would be entitled to the property of the person who died. Certain dependents, including a putative spouse, stepchildren, or parents who were financially dependent, may also qualify.

A wrongful death claim compensates surviving family members for their own losses, including financial support, funeral and burial expenses, and the loss of the companionship, guidance, and society the person provided.

A separate claim, called a survival action, covers losses the person themselves sustained before death, such as medical expenses and lost earnings. California law changed here. For survival actions filed on or after January 1, 2026, damages for the decedent’s own pain, suffering, or disfigurement are no longer recoverable. Cases filed before that date are not affected, and different rules can apply in elder abuse matters.

Eligibility depends on family circumstances, filing deadlines are strict, and the damages available depend in part on when a case is filed.

Reporting requirements after a California collision

California imposes reporting duties on drivers that are separate from any insurance claim.

A report must be filed with the DMV on form SR-1 within ten days of a collision that caused any injury, any death, or more than one thousand dollars in property damage to any one person. This duty applies regardless of fault, applies even when police responded and wrote their own report, and is not satisfied by notifying an insurance company. With current repair costs, most collisions that involve a body shop meet the damage threshold.

A separate rule covers collisions causing injury or death. The driver must make a written report to the California Highway Patrol, or to the city police department where the collision happened in a city, within twenty four hours. The statute states this duty for every injury or fatal collision. In practice, where officers responded and completed a report at the scene, that report generally satisfies the agency’s need, but a driver who assumes this without confirming it is relying on practice rather than on the text of the law.

Missing the DMV deadline can lead to suspension of driving privileges, an outcome unrelated to who caused the collision.

After an accident, the right information can make a meaningful difference. If you or a loved one was hurt, The Law Offices of Burg and Brock, Inc. can help you understand your rights and options.

Speak with our legal team today before making important decisions.