When a car accident results in a fatality in California, both civil and criminal legal processes come into play. Law enforcement and the coroner will investigate, issue reports, and determine the cause of death. Families must also report the accident to the DMV within 10 days under Vehicle Code § 16000.

In civil cases, families can file a wrongful death claim to seek compensation for funeral costs, lost financial support, and emotional distress. If the victim survived for some time before passing, the estate may also file a survival action to recover medical expenses and potential punitive damages. These claims must be filed within two years.

If negligence or illegal actions (such as DUI or reckless driving) were involved, the at-fault driver may also face criminal charges like vehicular manslaughter or even second-degree murger in extreme cases. Criminal cases are separate from civil claims but can strengthen a wrongful death lawsuit by proving liability.

California follows a pure comparative negligence rule, meaning even if the victim was partially at-fault, their family can still recover damages based on the other party’s share of liability. Additionally, liability may extend beyond the driver to employees (if the driver was working), vehicle manufactures, mechanics, or even government agencies if road conditions contributed to the accident. Given the complexity of wrongful death and survival actions, it’s crucial to work with an experienced attorney to navigate the civil process while also staying informed about any criminal proceedings.