Santa Cruz Wrongful Death Car Accident Attorney

Attorney Michael Rehm - (800) 978-0754

Wrongful Death in Car Accidents — Santa Cruz County

Attorney Michael Rehm represents families of people killed in car accidents throughout Santa Cruz County. When a negligent driver causes a fatal crash, the family may bring a wrongful death claim under Code of Civil Procedure §377.60. This is a separate claim from any survival action belonging to the decedent's estate, and both must be evaluated in every fatal car accident case.

Establishing Liability

A wrongful death claim arising from a car accident requires proof that the at-fault driver breached the duty of ordinary care under Civil Code §1714 and that this breach caused the death. The California Supreme Court confirmed in Rowland v. Christian (1968) 69 Cal.2d 108 that the duty of ordinary care is the default rule for all vehicle operators. A driver who speeds, runs a red light, drives under the influence, or drives distracted has breached that duty. The family of the person killed by that driver has a wrongful death claim against the driver and potentially against the driver's employer, the vehicle manufacturer, or other parties depending on the facts.

Insurance Coverage Issues in Fatal Car Accident Cases

California Vehicle Code §16056(a)(2), as amended effective January 1, 2025, sets minimum liability coverage at $30,000 per person / $60,000 per accident. In a fatal crash involving serious injuries to multiple family members, these minimums are often exhausted immediately. All available coverage must be identified: the at-fault driver's policy, any underinsured motorist coverage under the decedent's own policy, umbrella policies, and employer policies if the at-fault driver was acting within the scope of employment.

UM/UIM coverage under Insurance Code §11580.2 can be used by surviving family members as part of wrongful death and survival claims in appropriate circumstances. These coverage questions must be analyzed at the outset of the case.

Who Can Bring the Claim and What Damages Are Available

The standing rules under §377.60 apply fully — surviving spouse or domestic partner, children, dependent stepchildren, putative spouse, and dependent minors who lived in the household. For the full analysis of who may bring a wrongful death claim and what damages are recoverable, see the Santa Cruz Wrongful Death Attorney page.

The Statute of Limitations

Code of Civil Procedure §335.1 sets a two-year statute of limitations running from the date of death. Missing this deadline can potentially bar the claim. Contact Attorney Michael Rehm to assess the timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles wrongful death car accident cases throughout Santa Cruz County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.