Can a sibling file a DUI wrongful death suit?

Losing a loved one in a DUI accident is devastating for the entire family, and it raises legal questions. One common question is whether a sibling can file a wrongful death lawsuit when their brother or sister dies in a DUI-related incident. 

Who can file?

The California Code of Civil Procedure states that the deceased’s surviving spouse, domestic partner, or children are eligible to file a wrongful death lawsuit. If the deceased does not have a surviving spouse, domestic partner, or children, other family members, including siblings, may file the lawsuit. However, a sibling will only be able to file if all other heirs in the intestate succession are unable to do so.

What must you prove?

In a wrongful death lawsuit resulting from a DUI, you must demonstrate that the driver’s negligence directly caused your loved one’s death. You need to prove that the driver was under the influence at the time of the accident and that the impairment led to the fatal incident. 

DUI cases often require strong evidence, such as toxicology reports, eyewitness testimony, and police reports, to prove the driver’s impairment. Through this lawsuit, you can seek compensation for funeral expenses, loss of companionship, and other damages related to your loss.

How to proceed with a claim

Filing a wrongful death claim can be a challenging and emotional experience. For families, ensuring the right person steps forward to file the claim is important for protecting collective interests and securing the support needed to move forward after a tragedy.