Managing Partner
A bicycle ride should never end in tragedy. Yet far too often, cyclists in California are struck by drivers who fail to share the road safely. These crashes can shatter families in an instant, leaving them searching for answers, support, and accountability.
In January 2025, a bicyclist was killed in Walnut Creek during an early morning ride. The driver remained at the scene, but the loss left a lasting impact on the community, and a grieving family now faces the future without their loved one.
When a bicycle accident results in death, surviving family members may have the right to bring a wrongful death claim. At Casper, Meadows, Schwartz & Cook, we help families understand their options and take meaningful steps toward justice.
What Is a Wrongful Death Claim?
In California, a wrongful death claim is a civil lawsuit that allows surviving family members to hold the at-fault party accountable for a fatal accident. It’s a way to pursue justice and compensation for the losses caused by someone else’s negligence.
Eligible claimants include:
- A surviving spouse or domestic partner
- Children of the deceased
- Parents, siblings, or financially dependent individuals, in some cases
It’s important to note that wrongful death lawsuits are separate from any criminal charges that might be filed. A driver could face both a criminal trial and a civil claim. We focus on the civil side, where your family can recover financially for what’s been taken.
Who’s at Fault in a Fatal Bicycle Crash?
Motorists have a duty to drive safely and look out for cyclists. When a driver fails to uphold that responsibility, they may be held legally responsible for the resulting harm. Common causes of fatal bike accidents include:
- Distracted driving (texting, using GPS, etc.)
- Speeding or aggressive driving
- Failing to yield or stop at intersections
- Driving under the influence
To prove liability, we must show that the driver owed a duty of care, breached that duty through their actions, and directly caused the fatal injury. We also need to show that the death resulted in specific damages to surviving family members.
Building a Strong Case: Evidence and Negligence
We help gather and preserve the evidence necessary to prove what happened and who was responsible. This can include:
- Police reports and traffic citations
- Eyewitness statements
- Photos or videos from the scene
- Medical records and coroner’s findings
- Expert testimony, such as accident reconstruction
California follows the rule of comparative negligence. This means that if the bicyclist was partially at fault, the amount of compensation awarded to the family may be reduced, but they can still recover damages as long as the cyclist wasn’t entirely at fault.
What Damages Can Be Recovered?
No amount of money can replace a person’s life. But a wrongful death claim can ease the financial burden that follows a tragedy. California allows families to recover:
Economic damages, such as:
- Funeral and burial costs
- Medical bills related to the fatal injury
- Lost income the deceased would have provided
- Loss of household services
Non-economic damages, including:
- Loss of love, companionship, and emotional support
- Pain and suffering experienced by family members
In rare cases involving extreme misconduct, punitive damages may be available through a related survival action.
Wrongful Death vs. Survival Action: What’s the Difference?
Wrongful death claims focus on the loss experienced by the family. Survival actions, on the other hand, are brought on behalf of the deceased’s estate and cover the victim’s pain and suffering before death, as well as any financial losses incurred during that time.
We often file both claims together to help families recover the full range of available compensation.
Why Legal Support Matters After a Fatal Bicycle Crash
We know how difficult it is to take legal action while grieving. That’s why we handle every aspect of the claim, from investigating the crash and gathering evidence to dealing with insurance companies and representing you in court if needed. Our team is committed to giving your case the time and attention it deserves. We work on a contingency fee basis, so you won’t pay anything unless we recover compensation for your family.
Moving Forward After a Tragic Loss
If you’ve lost a loved one in a bicycle crash involving a motor vehicle, we’re here to help. At Casper, Meadows, Schwartz & Cook, we’ve represented families across California in wrongful death claims and understand how to guide you through this process with care and determination.
Contact us today to schedule a free consultation. Let’s talk about your options and what justice could look like for your family.