Fatal Bicycle Accident Claims: Seeking Justice for the Loss of a Loved One
Losing a loved one in a bicycle accident is a tragedy no family should have to endure. When that loss is caused by a negligent driver, unsafe roadway, or other preventable hazard, the grief is often accompanied by a deep need for accountability.
At Hulburt Law Firm, we help grieving families in San Diego pursue justice through wrongful death claims after fatal bicycle accidents. This guide explains how these claims work, who can file, and why taking legal action can help bring both answers and a sense of closure.
What Is a Wrongful Death Claim?
Under California Code of Civil Procedure § 377.60, a wrongful death claim allows surviving family members to seek compensation when someone’s death is caused by another party’s negligence or wrongdoing. In fatal bicycle accident cases, this could involve:
- A distracted or impaired driver
- A commercial or delivery vehicle operator
- An unsafe road or missing bike lane
- A defective bicycle or safety product
Who Can File a Wrongful Death Claim in California?
California law limits who has legal standing to bring a wrongful death lawsuit. Eligible claimants may include:
- Spouse or registered domestic partner
- Children or grandchildren
- Parents (especially if the deceased was unmarried and had no children)
- Stepchildren or other dependents who relied financially on the deceased
- A personal representative of the estate, in certain circumstances
If multiple family members are eligible, they must join in one unified legal action—known as the “one action rule.”
What Damages Can Be Recovered?
Wrongful death claims are designed to compensate the family for both financial and emotional losses. Damages may include:
Economic Damages:
- Funeral and burial expenses
- Loss of the decedent’s future income and financial support
- Loss of household services (childcare, cooking, etc.)
Non-Economic Damages:
- Loss of companionship, love, and moral support
- Loss of guidance and affection (especially for children)
- Emotional suffering of surviving family members
In some cases, a survival action may also be filed to recover for pain and suffering or medical expenses the deceased incurred before death.
“Families deserve more than compensation—they deserve the truth. We investigate every fatal bicycle crash to uncover what really happened and hold all responsible parties accountable.”— Conor Hulburt, Trial Attorney
Common Causes of Fatal Bicycle Accidents
Fatal bike crashes are often preventable. Common causes include:
- Distracted Driving: Texting, talking on the phone, or using GPS
- Speeding: Especially on streets with narrow shoulders or no bike lanes
- Failure to Yield: Particularly at intersections or during turns
- Dooring Accidents: When a parked car door is opened into a cyclist’s path
- Poor Road Conditions: Missing signage, potholes, or unsafe construction zones
At Hulburt Law Firm, we work with expert accident reconstructionists, engineers, and medical professionals to build a strong case and tell the full story of your loved one’s life—and loss.
Statute of Limitations: Don’t Miss the Deadline
In most California wrongful death cases, the statute of limitations is 2 years from the date of death. (Code of Civil Procedure § 335.1) However, if a government entity is involved (e.g., unsafe public roads), you must file a claim within 6 months under the California Tort Claims Act.
Why Choose Hulburt Law Firm?
Conor and Leslie Hulburt are award-winning trial lawyers known for their work in wrongful death litigation. Our approach is simple: treat every client like family, fight for justice with tenacity, and pursue truth—because The Truth Demands Justice.
We’ve represented families in some of San Diego’s most heartbreaking cases, including:
- A fatal crash caused by a commercial truck driving into the shoulder
- A cyclist who suffered a traumatic brain injury after hitting a large pothole
- A rider hit from behind at high speed due to a dangerous roadway condition
- Multiple cyclists struck and severely injured due to unsafe drivers
Our attorneys have secured 7-figure results by uncovering hidden liabilities and forcing accountability from drivers, companies, and municipalities.
Contact Our San Diego Wrongful Death Attorneys Today
If you’ve lost a loved one in a fatal bicycle accident, we are here to help you understand your rights and navigate the legal process with compassion and care.
- Visit our San Diego Bicycle Accident Attorney page to discover our approach to fatal bike collisions, or
- Call 619.821.0500 today to speak with our team.
Let us help you find answers, protect your family’s future, and ensure your loved one’s story is heard.
FAQs
What is a Survival Action?
A survival action is a separate legal claim that can be filed alongside a wrongful death claim. While a wrongful death claim compensates surviving family members for their losses, a survival action seeks to recover damages that the deceased person would have been entitled to if they had lived. A survival action can be an important tool for recovering additional compensation for the deceased's estate.
What if my loved one's negligence contributed to their death?
California follows a legal principle called pure comparative negligence. This means that if your loved one's own actions contributed to their fatal bicycle accident, it does not bar your family from recovering compensation. Instead, the amount of damages you can receive will be reduced by the percentage of fault attributed to the deceased.
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Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.
The Hulburt Law Firm specializes in catastrophic personal injury and wrongful death cases in San Diego, California.
