Attorney Michael Rehm — (800) 978-0754

A wrongful death arising from a Livermore accident involves the same fundamental legal framework as any California wrongful death case — but the specific entities and corridors involved in Livermore create practical complexities. Commercial vehicle crashes on I-580 and Altamont Pass involve federal regulatory frameworks. Rural road DUI crashes may support punitive damages. When a government entity is responsible, the six-month government claims deadline runs from the date of death regardless of how serious the grief is or how clear the liability appears. Attorney Michael Rehm handles wrongful death cases throughout Livermore and the Tri-Valley.

Who Can Bring a Wrongful Death Claim

California wrongful death actions are brought under Code of Civil Procedure § 377.60 by the decedent's surviving spouse or domestic partner, children, and — if none survive — persons entitled to the decedent's estate by intestate succession. All claimants must join in a single action under Code of Civil Procedure § 377.61.

Wrongful Death Damages

Wrongful death damages flow directly to the heirs. Recoverable items include: the financial support the decedent would have provided during their life expectancy; the value of household services; loss of love, companionship, comfort, care, affection, society, and moral support; loss of guidance and training for children; and funeral and burial expenses. CACI 3921. Future financial support is established through forensic economic testimony. Loss of consortium and guidance are typically the largest component of a wrongful death verdict.

A survival action under Code of Civil Procedure § 377.30, brought by the estate, recovers the decedent's pre-death pain and suffering, pre-death medical expenses, and pre-death lost earnings. Both the wrongful death and survival actions can and typically should be filed together in the same lawsuit.

Government Entity Claims in Livermore Wrongful Death Cases

When a death results from a City of Livermore vehicle, a road defect on a city-maintained street, a LAVTA/Wheels bus, or another public entity's operations, a written government tort claim must be filed within six months of the date of death. Government Code § 911.2; Government Code § 945.4. Punitive damages are not available against public entities. Claims are submitted separately to each entity involved:

• City of Livermore: City Clerk, 1052 South Livermore Avenue, Livermore, CA 94550
• LAVTA/Wheels: Contact LAVTA directly to obtain the current claims submission address. Contact information for government entities can change — confirm the correct address before filing.
• AC Transit: District Secretary, 1600 Franklin Street, Oakland, CA 94612 (mail or delivery only)

Commercial Vehicle Wrongful Death on I-580

When a wrongful death results from a commercial vehicle crash on I-580 or Altamont Pass, FMCSA regulatory violations (49 C.F.R. Parts 390–399) may support liability against the driver, motor carrier, broker, and shipper beyond standard negligence. ELD data, driver qualification files, hours-of-service logs, and vehicle maintenance records must be preserved immediately. Wrongful death damages in commercial vehicle cases include all items recoverable under Code of Civil Procedure § 377.61 plus survival action damages for the decedent's pre-death suffering.

DUI Wrongful Death

When a death results from an impaired driver on rural Livermore roads or on I-580, the negligence per se doctrine applies: Vehicle Code § 23153 prohibits driving under the influence while causing bodily injury. A violation is evidence of negligence. Punitive damages may be available against an impaired private driver under Civil Code § 3294 when the conduct was malicious or oppressive. Punitive damages are not available in wrongful death actions for the decedent's own heirs — they are available in the survival action to the extent the decedent could have recovered them. The availability of punitive damages in a wrongful death DUI context is a nuanced legal question requiring case-specific analysis.

Statute of Limitations

The statute of limitations for a wrongful death action in California is two years from the date of death. Code of Civil Procedure § 335.1. For government entity claims, the six-month deadline under Government Code § 911.2 must be satisfied first and independently. Both can potentially bar the claim if missed. Contact Attorney Michael Rehm promptly to assess the applicable deadlines in your case.

Where Livermore Wrongful Death Cases Are Filed

Wrongful death cases from Livermore are filed in Alameda County Superior Court, René C. Davidson Courthouse, 1225 Fallon Street, Oakland, CA 94612. Alameda County uses a Direct Calendar system (Local Rule 3.120). Form 202-19 (Civil Case Cover Sheet Addendum) is required at initial filing.

Attorney Michael Rehm handles wrongful death cases throughout Livermore and the Tri-Valley on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.