Losing a loved one in a pedestrian accident is devastating, but the legal system provides a path forward. When a loved one is killed by a negligent driver, your family has the right to pursue accountability under California law. CCP §377.60 entitles you to file a wrongful death claim to recover compensation for lost financial support, funeral expenses, loss of companionship, and other damages.
At Salamati Law, our compassionate Los Angeles pedestrian accident lawyers have spent 28 years representing families through some of the most complex personal injury cases in California, securing multi-million dollar settlements and verdicts for our clients. We work hard to help those who were harmed through no fault of their own and ensure justice is served.
When Does a Pedestrian Accident Become a Wrongful Death Case?
A pedestrian accident gives rise to a wrongful death claim when negligence can be established as the cause of death. Under California law, negligence requires proving four elements:
- Duty of care: Every motorist owes a duty to operate their vehicle with reasonable care; obeying traffic laws, maintaining attention, and accounting for the presence of pedestrians.
- Breach of duty: The driver failed to meet that standard, whether by speeding, running a red light, driving under the influence, or any other failure to exercise reasonable care.
- Causation: The driver’s breach directly caused your family member’s death.
- Damages: The death caused legally compensable losses to surviving family members, including lost financial support and non-economic losses such as companionship and care.
If the pedestrian shared some responsibility for the accident, for example, crossing against a signal, California’s pure comparative fault rule applies. Their degree of fault reduces the recoverable damages proportionally, but it does not bar the claim entirely.
Who Can File a Wrongful Death Case in California?
California law defines who has the legal standing to bring a wrongful death claim. The following parties may file:
- Surviving spouse or domestic partner
- Surviving children — or grandchildren if the decedent’s children are also deceased
- Other heirs — if there is no surviving spouse, domestic partner, or children, those who would inherit under California’s intestate succession laws, such as parents or siblings, may have standing to file.
If you are unsure whether you have standing to file, an attorney at Salamati Law can review your family’s circumstances and advise you on your options.
Compensation Available in a Pedestrian Wrongful Death Lawsuit
A successful wrongful death claim under California law may recover the following economic damages on behalf of surviving family members:
- Reasonable funeral and burial costs
- Value of household services the decedent provided, such as childcare, transportation, or home maintenance
- Loss of financial support the decedent would have contributed
- Loss of gifts or benefits that survivors could reasonably have expected to receive
Surviving family members may also recover non-economic damages, including loss of love, companionship, comfort, care, moral support, and guidance. These damages are determined by factors such as the nature of the relationship, the decedent’s age, and the extent of each survivor’s loss.
Punitive Damages in Wrongful Death Cases
In cases involving egregious conduct, such as a driver under the influence or a road rage incident, a jury may award punitive damages, though this is rare.
Comparative Fault and Wrongful Death Recovery
If the decedent shared some responsibility for the accident, California’s pure comparative fault rule applies. Recovery is reduced proportionally: if your loved one was found 25 percent at fault, a $100,000 award would be reduced to $75,000.
What is a Survival Action?
A survival action is a separate legal claim brought by the decedent’s estate or next of kin to recover economic losses the decedent sustained from the time of injury until death, including medical expenses and lost earnings during that period. As of January 1, 2026, survival actions no longer allow recovery for the decedent’s pre-death pain, suffering, or disfigurement.
How Salamati Law Builds Your Wrongful Death Case
We investigate every aspect of your case and gather the evidence needed to establish liability, including:
- Police report and crash reconstruction data
- Surveillance footage, dashcam video, and scene photography
- Eyewitness statements secured before memories fade
- Black box (EDR) data establishing vehicle speed, braking, and driver inputs at impact
- Cellphone records and carrier data to establish distracted driving or contradict the driver’s account of the collision
- Toxicology reports where impairment is a factor
We also identify every party who may share liability for your loved one’s death, in a pedestrian accident fatality; more than one defendant is often responsible.
Evidence in pedestrian accident cases is time-sensitive. Surveillance footage is routinely overwritten within days, witnesses’ recollections fade, and physical evidence disappears. Contacting our firm as soon as possible allows us to issue an immediate spoliation letter demanding preservation of critical evidence before it is lost.
How Long Do You Have to File a Wrongful Death Claim in California?
Surviving family members have two years from the date of death, not the date of the accident, to file a wrongful death claim. Missing this deadline may bar the claim entirely.
Two exceptions apply. If a government entity bears any responsibility for the accident, whether a municipality that failed to maintain a safe crosswalk, or a government vehicle that caused the collision, a Government Tort Claim must be filed with the responsible agency within six months of the death. This deadline runs concurrently with, and well ahead of, the two-year period.
If a minor child lost a parent in the accident, a guardian ad litem or personal representative will typically file on the child’s behalf as soon as possible. CCP §352 preserves the child’s independent right to file until their 20th birthday if no action is taken, but in practice, these claims are pursued promptly.
Schedule a Free Consultation Today
If you lost a loved one to a negligent driver, trust an experienced Los Angeles personal injury lawyer at Salamati Law. Call to schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation.
