Causes of Wrongful Death in San Diego

Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can face. Beyond the emotional toll, families are often left grappling with unexpected financial burdens and unanswered questions. In San Diego, wrongful death claims can arise from a wide range of tragic circumstances—each leaving a lasting impact on those left behind.

Understanding the most common causes of wrongful death and your legal rights is essential to seeking accountability. Under California Code of Civil Procedure §§ 377.60–377.62, eligible family members have the right to pursue compensation when a death is caused by another party's wrongful act or neglect.

Understanding the common causes and knowing your rights is critical in pursuing justice. Below, we explore the most common causes of wrongful death in San Diego.

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1. Car Accidents

Car accidents are a leading cause of wrongful death in San Diego, often resulting from reckless or careless driving. Statewide in 2023, there were over 3,282 fatal car accidents, including 223 fatalities in San Diego County alone. Common contributing factors include:

• Distracted driving (e.g., texting, using GPS).
• Driving under the influence of drugs or alcohol.
• Excessive speeding or aggressive driving.
• Failure to obey traffic laws, such as running red lights or stop signs.

San Diego’s busy freeways, such as I-5 and I-15, and high-traffic areas like downtown or Mission Valley are frequent sites of fatal crashes. In some cases, defective vehicle parts or poorly designed roadways can also contribute to these tragedies.

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2. Pedestrian and Bicycle Accidents

San Diego’s beautiful weather means many residents walk or bike for recreation or transportation. Unfortunately, since 2015, non-motorist (pedestrian/cyclist) fatalities in San Diego have risen year over year, often exceeding 35 deaths per year. Pedestrians and cyclists remain vulnerable to accidents caused by:

• Drivers failing to yield in crosswalks or bike lanes.
• Poorly designed intersections or lack of adequate lighting.
• Speeding in residential neighborhoods or near schools.

The consequences of such accidents are often severe, given the lack of protection for pedestrians and cyclists.

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3. Workplace Accidents

San Diego’s diverse economy includes industries like construction, manufacturing, and transportation, which often involve hazardous work environments. The Bureau of Labor Statistics consistently ranks construction and transportation as leading industries for fatal workplace incidents. Workplace fatalities can result from:

• Falls from heights, particularly on construction sites.
• Crush injuries from heavy machinery or falling objects.
• Exposure to toxic substances, such as asbestos or chemicals.
• Transportation accidents involving company vehicles or equipment.

Employers are required to follow safety regulations, but when they fail to do so, the results can be catastrophic.

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At Hulburt Law Firm, we specialize in handling wrongful death cases. Conor Hulburt has represented surviving family members in death cases involving car accidents, truck accidents, workplace accidents, defective products, bicycle accidents, dangerous premises, and more. View some of our case results here.

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4. Defective Products

Unsafe consumer products, from household appliances to industrial equipment, can also lead to wrongful death. Some examples of product defects include:

• Design flaws: Products that are inherently unsafe, such as unstable furniture that can tip over.
• Manufacturing defects: Errors in production, such as contaminated food or faulty car brakes.
• Lack of warnings: Failure to provide adequate instructions or warnings for proper use. (See CACI 1200 series)

In these cases, the manufacturers, distributors, or retailers may be held liable for the harm caused by their products.

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5. Premises Liability Accidents

Property owners in San Diego have a duty to maintain their premises in a reasonably safe condition under California Civil Code § 1714. When they fail to do so, fatal accidents can occur. Common premises liability incidents include:

• Slip and fall accidents resulting from wet floors, uneven surfaces, or poorly lit areas.
• Drowning accidents at swimming pools or ponds with inadequate supervision or barriers.
• Fires or explosions due to unsafe wiring or lack of fire safety measures.

These cases often involve negligence by property owners, landlords, or businesses.

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6. Medical Malpractice

When we seek medical care, we trust that healthcare providers will act in our best interest. Sadly, errors in diagnosis, treatment, or procedure can lead to fatal outcomes. In California, medical malpractice wrongful death actions are capped at $500,000 for non-economic damages, though economic damages remain uncapped. Common types of medical malpractice include:

• Misdiagnosis or delayed diagnosis of conditions like cancer, heart attacks, or strokes.
• Surgical errors, such as operating on the wrong body part or leaving surgical tools inside the patient.
• Medication errors, including prescribing the wrong medication or incorrect dosage.
• Anesthesia mistakes during surgery.

Medical malpractice is particularly devastating because it occurs in situations where people are already vulnerable and seeking help.

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7. Boating Accidents

San Diego’s proximity to the Pacific Ocean and its many waterways, like Mission Bay, make boating a popular activity. Unfortunately, boating accidents can have fatal consequences, often caused by:

• Operator inexperience or intoxication.
• Collisions with other vessels or stationary objects.
• Lack of proper safety equipment, such as life jackets.

Boating negligence is a serious issue that can turn a day of fun into a tragic event.

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8. Criminal Acts

Wrongful death cases can also arise from intentional harm, such as assault, homicide, or other criminal acts. While the criminal justice system focuses on punishing the perpetrator, a wrongful death lawsuit seeks to provide financial relief to the surviving family members.

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Next Steps if You’ve Suffered a Loss

1. Seek legal advice promptly—California generally grants two years from the date of death to file a claim under CCP § 377.60.
2. Preserve evidence: incident reports, witness contacts, medical documentation.
3. Connect with an experienced attorney who understands the medical, economic, and emotional complexities at hand.

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How the Hulburt Law Firm Can Help

At Hulburt Law Firm, we have dedicated our practice to representing victims of catastrophic injury and wrongful death. Our award-winning wrongful death attorneys, Conor and Leslie Hulburt, bring years of experience and dedication to every wrongful death case. We work tirelessly to hold responsible parties accountable and secure the compensation your family needs to move forward.

Why Choose Us?

• Extensive experience: We’re prepared to fight for you in court if necessary.
• Personalized attention: We treat every client with the compassion and care they deserve.
• Proven results: We’ve helped many families obtain justice for their loved ones.

When you lose a loved one due to negligence or misconduct, you deserve answers—and justice. 

Contact us today for a free consultation to discuss your case. Justice may not bring your loved one back, but it can provide accountability and help ease the financial burden during this difficult time. The Truth Demands Justice.

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FAQS

Q: What qualifies as a wrongful death in California?
A: A wrongful death occurs when someone dies due to another person or entity’s negligent, reckless, or intentional actions. Common examples include car crashes, medical malpractice, and defective products. Under California Code of Civil Procedure § 377.60, certain surviving family members may file a claim.

Q: Who can file a wrongful death lawsuit in California?
A: Typically, the decedent’s spouse, domestic partner, children, or other financial dependents may bring a claim. If these parties are unavailable, others entitled to inherit under intestate succession laws may be eligible.

Q: What damages are recoverable in a wrongful death case?
A: Damages may include funeral and burial costs, lost financial support, loss of companionship, and the value of household services. In some cases, punitive damages may be available if the conduct was especially egregious.

Q: What’s the difference between wrongful death and a survival action?
A: A wrongful death claim compensates surviving family members for their personal losses. A survival action, governed by CCP § 377.30, allows the estate to recover damages the deceased could have claimed had they survived, such as medical bills, pre-death pain and suffering, and in some cases, punitive damages.

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Related Content:

• Wrongful Death Laws in San Diego: What You Need to Know
• Types of Damages in Wrongful Death Cases in San Diego