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Holiday travel can lead to heavier traffic on major Northern California routes such as I-80 and I-5. When a serious crash occurs during a congested travel period, the circumstances may involve several vehicles, changing traffic patterns, commercial trucks, or other factors that make determining what happened especially important.
When a crash results in a death, California law provides a legal process through which certain surviving family members or other eligible parties may pursue a wrongful death claim when the death was caused by another person’s wrongful act or neglect. California Code of Civil Procedure section 377.60 identifies who may bring such a claim, subject to the statute's requirements. (Leginfo)
A wrongful death claim is different from the criminal process and is generally handled as a civil matter. The focus is on establishing legal responsibility and determining the damages permitted under California law.
The Investigation Begins With Understanding the Crash
A high-speed crash on I-80 or I-5 can leave behind a large amount of evidence. That evidence may include photographs, vehicle damage, roadway conditions, traffic patterns, witness accounts, available video footage, electronic data, and official collision reports.
The investigation may also require looking at the conduct of each driver involved. Speed, following distance, lane changes, distraction, impairment, and other factors can become relevant.
Holiday congestion can make these questions more complicated. A collision may begin with one vehicle but involve several others in a chain of events. Establishing the sequence can require more than simply identifying the vehicles that ultimately came into contact.
Multiple Parties May Need to Be Considered
Not every high-speed freeway crash involves only one potentially responsible party.
For example, a commercial vehicle may be involved, raising questions about the driver’s conduct and potentially the trucking company’s role. A vehicle defect may also warrant consideration if a mechanical or manufacturing problem contributed to the crash.
In other circumstances, a roadway or governmental entity could become relevant depending on the facts. These possibilities do not mean that another party is automatically liable. They simply demonstrate why careful investigation is important before reaching conclusions.
Who Can Bring a Wrongful Death Claim?
California’s wrongful death statute establishes categories of people who may assert a wrongful death cause of action. These can include a surviving spouse or domestic partner, children, and certain other individuals, depending on the circumstances. The statute also provides circumstances under which a decedent’s personal representative may bring the claim on behalf of eligible individuals. (Leginfo)
Because eligibility can depend on family relationships and other circumstances, it is important not to assume that every relative has the same legal rights.
What Can a Wrongful Death Claim Address?
California law allows damages in a wrongful death action that may be just under the circumstances, subject to the limitations established by law. (Leginfo)
The damages that may be relevant depend on the facts of the individual case. They can involve the financial and personal effects experienced by eligible surviving family members as a result of the death.
A thorough evaluation may therefore involve examining financial records, employment information, family relationships, household contributions, and other evidence. The goal is not simply to place a number on what happened. It is to understand the legal consequences for the people who are entitled to pursue the claim.
California Deadlines Should Not Be Overlooked
California Code of Civil Procedure section 335.1 generally provides a two-year limitations period for an action involving the death of an individual caused by the wrongful act or neglect of another. However, wrongful death claims can involve exceptions, special rules, government entities, and other circumstances that may change the applicable requirements. (Leginfo)
For that reason, families should not rely on a general deadline without determining which rules apply to their circumstances.
Preserving evidence can also become increasingly difficult as time passes. Vehicle evidence, roadway conditions, witness recollections, electronic information, and other materials may require timely attention.
A Careful Legal Review Can Help Clarify the Process
There is no single formula for handling a wrongful death claim after a freeway crash. The investigation depends on what caused the collision, who may have contributed to it, what evidence exists, and which California laws apply.
At Dreyer Babich Buccola Wood Campora, LLP, we understand the sensitivity involved when a family is considering a wrongful death claim. Our attorneys can examine the circumstances of a serious freeway crash, identify potential sources of evidence, and explain the legal process in straightforward terms.
If you are considering a wrongful death claim following a high-speed crash on I-80, I-5, or another Northern California roadway, contact Dreyer Babich Buccola Wood Campora, LLP at (916) 999-9132 to learn more about your legal options.
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