Pedestrian Pronounced Dead on I-10 East Off-Ramp at California Street

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.

Right of way rules for people walking and cycling

California drivers must yield to a pedestrian crossing in a crosswalk, and a crosswalk exists at most intersections whether or not it is painted. Drivers approaching a pedestrian in a crosswalk must also slow down or take other care for that person’s safety. Pedestrians in turn must not leave a curb so suddenly that a driver cannot yield.

Since the 2023 change commonly called the Freedom to Walk Act, an officer generally may not stop a pedestrian for crossing outside a crosswalk unless there is an immediate danger of a collision. That change limits enforcement; it does not remove the pedestrian’s duty to use care, and in a civil case that duty still counts when fault is divided.

A related rule addresses visibility. Parking is prohibited within twenty feet of the approach side of any crosswalk, marked or unmarked, and within fifteen feet where a curb extension is present. A vehicle parked in that zone can hide a person stepping into the roadway from an approaching driver, and since January 2025 the restriction is enforceable whether or not the curb is painted.

For bicycles, the Three Feet for Safety Act requires a driver passing a cyclist travelling in the same direction to leave at least three feet of clearance, and where another lane in the same direction is available and it is practicable and lawful, to change lanes before passing. Where three feet is not possible, the driver must slow to a reasonable and prudent speed and pass only when it would not endanger the cyclist.

Being outside a crosswalk, or not wearing a helmet, does not by itself establish that a pedestrian or cyclist was legally at fault. Under California’s comparative fault rule, those facts are weighed alongside everything else that happened.