Who can file a DUI wrongful death claim if the driver also dies in the crash?

When a DUI crash kills both the victim and the impaired driver, you still may pursue a wrongful death claim, but certain rules and complexities arise under California law.

Who may file under California law

California’s wrongful death statute (Code of Civil Procedure § 377.60) allows select family members to sue for the losses caused by the death of a decedent. In a situation where the at-fault driver also dies, the surviving family of the victim remains eligible to file a claim, even though the defendant cannot defend directly.

Possible claimants in California include:

• the surviving spouse or domestic partner
• the decedent’s children
• parents, if dependent
• other dependents or family members eligible under the priority rules in § 377.60

Additionally, a survival action under CCP § 377.30 may proceed via the decedent’s estate to recover losses the deceased suffered before death.

Challenges and legal considerations

You may face novel challenges if the defendant is unavailable (because they died). Courts often appoint a legal representative or executor of the defendant’s estate to respond in place of the decedent. The estate may have insurance or assets that allow some recovery.

Another issue: punitive damages are generally not recoverable in wrongful death actions, but in DUI cases plaintiffs sometimes press for them. However, courts examine whether the deceased driver’s estate qualifies for punitive exposure under applicable legal standards.

Because criminal and civil cases are separate, a criminal conviction (or lack thereof) against the impaired driver does not block a civil wrongful death claim. The civil claim uses a lower burden of proof (“preponderance of the evidence”).

What you can do

If you consider filing under these circumstances:

• Secure the victim’s death certificate and law enforcement report.
• Identify the at-fault driver’s estate or executor.
• Confirm that someone in your family qualifies as a claimant under CCP § 377.60.
• Assess available insurance or assets of the defendant’s estate.
• Consult an attorney about combining survival and wrongful death causes of action.

You can still pursue justice and compensation even when the wrongdoer is not alive to stand trial. The law provides mechanisms to hold their estate responsible on behalf of the victim’s survivors, within the bounds statutes and case law allow.