Can You Sue if Your Parent Dies in a Motorcycle Accident in California?

 Posted on November 22, 2025 in Personal Injury

Losing a parent in a motorcycle accident is devastating. You may naturally wonder if you have any legal rights when someone else's carelessness causes the accident, and the answer is yes – sometimes. California law allows certain family members to file wrongful death lawsuits when negligence causes a death.

Understanding who can sue and what you can recover helps you protect your rights during this terrible time. No amount of money brings your parent back, but compensation can help your family cope with the financial impact of this loss. Our Palo Alto personal injury attorney can explain your options in a free, no-pressure consultation so you can decide whether you want to move forward with a case. 

Who Can File a Wrongful Death Lawsuit in California?

California Code of Civil Procedure Section 377.60 specifies exactly who can bring a wrongful death claim, and provides a hierarchy of family members with the right to sue.

Spouses are the first priority, followed immediately by children of the deceased person. If your parent died in a motorcycle accident, you have the right to file a wrongful death lawsuit as their child. It does not matter if you are an adult or a minor child. Biological children, adopted children, and stepchildren who can prove they were financially dependent on the deceased all have the right to sue.

If the deceased person had no surviving spouse or children, then their parents can sue. And if there is no spouse, children, or parents, then the deceased person's siblings or other dependents who can prove financial reliance may be able to bring a claim.

What Do You Need to Prove in a Wrongful Death Case?

California Vehicle Code contains hundreds of traffic laws that drivers must follow. When drivers break these laws and kill someone, they are liable for wrongful death. However, you must prove that someone else's negligence caused your parent's death. Even if it seems obvious, you will need strong evidence. 

Your lawyer will investigate the accident to prove what the other driver did wrong. In motorcycle accidents, this usually means showing that another driver violated traffic laws or drove carelessly. Pictures, witness testimony, and dashcam videos can all contribute to a successful claim.

You also need to prove that you suffered damages from your parent's death. This includes the financial support your parent provided, the value of services they performed, and the loss of their love, companionship, and guidance. Medical bills from your parent's final treatment and funeral costs are also recoverable.

How Long Do You Have to File a Lawsuit?

California Code of Civil Procedure Section 335.1 gives you two years from the date of death to file a wrongful death lawsuit. This statute of limitations deadline is strict. Missing it means losing your right to sue, no matter how strong your case is.

Some situations can affect the deadline. If the person responsible for the death hides or leaves California, the time they are gone might not count toward the two-year limit. Talk to a lawyer soon after your parent's death to make sure you do not miss any important deadlines.

Call a San Jose, CA Motorcycle Injury Lawyer Today

Losing your parent in a motorcycle accident caused by someone else's negligence is a tragedy that deserves accountability. You have rights under California law to seek compensation for your family's losses.

Contact Fuller Law Firm at 408-234-7563 for a free consultation about your wrongful death case. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Our local Palo Alto, CA motorcycle injury attorney is a tough, caring advocate for clients facing difficult situations.