No family is ready for the calls and paperwork that follow a fatal crash. This guide explains who does what in Sonoma County, so you know which office to ask and what to keep. For the claim itself, see our wrongful death page.
What happens, step by step?
- The first hours. Officers investigate the scene, and the Coroner Bureau is notified of the death. A family member may be contacted by the coroner, the police or the hospital.
- The first days. The Coroner Bureau works to determine the cause and manner of death, and the family arranges a funeral home and asks about the person's belongings.
- The first weeks. The crash investigation continues, and the report is written. If a crime is suspected, the case goes to the District Attorney.
- The first months. The family gathers bills and records, insurance claims open, and the family decides who will bring the wrongful death claim and whether an estate representative is needed.
- Before six months: a written claim to any public entity that may be responsible.
- Before two years: the wrongful death lawsuit, in most cases.
Who does what after a fatal crash?
| Office | Its role | What the family may need from it |
|---|---|---|
| Sheriff's Office Coroner Bureau, 3336 Chanate Road, Santa Rosa | Investigates the death and determines its circumstances, manner and cause | The coroner case number, the release of personal property, the cause of death |
| CHP Santa Rosa Area, 6100 LaBath Avenue, Rohnert Park, or the city police | Investigates the crash and writes the report | The report number and a copy of the report |
| Sonoma County District Attorney | Decides whether to charge anyone with a crime and prosecutes the case | The criminal case number, hearing dates, restitution |
| The family's lawyer | Brings the civil claim for wrongful death | Advice on deadlines, insurance and the claim |
What does the coroner do?
California law requires the coroner to inquire into and determine the circumstances, manner and cause of violent, sudden or unusual deaths, including deaths known or suspected to result from an accident or injury (Government Code 27491). In Sonoma County, that work belongs to the Sheriff's Office Coroner Bureau at 3336 Chanate Road in Santa Rosa. It is part of the Sheriff's investigations but autonomous, and it serves the whole county.
According to the Sheriff's Office, Coroner detectives respond to death scenes being investigated as a homicide, suicide or accident, forensic assistants gather medical records and receive reports of deaths from hospitals and mortuaries, and licensed forensic pathologists under contract perform autopsies; the county averages about 400 a year. The Bureau also performs death notifications when other agencies ask, and it has a Personal Property Release Form for families.
How does the family get the crash report?
Ask the agency that responded. The CHP Santa Rosa Area office serves most of Sonoma County, and the Sonoma Valley east of Trinity Road is served by the CHP's Napa Area office; inside a city, the city police may have taken the report. Vehicle Code section 20012 requires the CHP or police agency to give the entire report to anyone with a proper interest in it, including the drivers, people injured, vehicle owners, people who may be liable, and an attorney who declares under penalty of perjury that they represent one of them. The fee cannot exceed the cost of the copy.
Our guide on how to get the crash report in Sonoma County lists the CHP and city records offices. Petaluma police, for example, note that reports on collisions with injuries or deaths can take longer because of the investigation.
How is the criminal case different from the family's claim?
| Criminal case | Wrongful death claim | |
|---|---|---|
| Who brings it | The District Attorney, for the State | The family members the law allows (Code of Civil Procedure 377.60) |
| What it is for | Punishment, and restitution for economic losses | Compensation for the family's losses |
| Standard of proof | Guilt beyond a reasonable doubt (Penal Code 1096) | More likely true than not true (CACI 200) |
Because the proof standards differ, a family's claim can go forward whether or not anyone is charged or convicted. If a driver fled the scene of a crash that caused a death, the crime carries state prison for two, three or four years, or county jail, or a fine, or both (Vehicle Code 20001(b)(2)). Our guide on hit-and-run crashes in Sonoma or Marin County covers the insurance side.
What can the criminal case do for the family?
If the driver is convicted, the court must order restitution for the economic losses the crime caused, and the "victim" who may receive it includes the immediate surviving family (Penal Code 1202.4). A restitution order can be enforced like a civil judgment, and money collected under it is credited against any civil judgment for the same losses.
The California Victim Compensation Board can also help with crime-related costs, including funeral and burial expenses, within its limits. Most car crashes are not crimes for this program, but a death caused by a driver who fled the scene, a driver under the influence, or vehicular manslaughter qualifies (Government Code 13955). If the driver had been drinking, our guide on whether a bar or winery can be sued after a drunk-driving crash explains who else may be responsible. An application is due within seven years, with some exceptions (Government Code 13953).
A felony conviction can also extend the time to sue: an action based on the felony may be filed within one year after judgment is pronounced, unless a longer period applies (Code of Civil Procedure 340.3).
Who can bring the wrongful death claim, and when?
California sets the list of family members who may bring the claim, starting with a spouse or registered domestic partner and children. The losses it covers are listed in what a family can recover in a wrongful death case. Our guide on who can file a wrongful death claim covers stepchildren, partners and parents.
The general deadline is two years from the death (Code of Civil Procedure 335.1), and if a public entity, such as a county vehicle or a dangerous road, may be involved, a written claim is due within six months. See how long a family has to file a wrongful death claim.
What changes the answer?
The crash happened in Marin County. Since January 3, 2011, the Marin County Sheriff's Office Coroner Division has done the coroner's work there, from its office at 1600 Los Gamos Drive, Suite 205, San Rafael; property release appointments are made through that office. Our page on personal injury cases in Marin County lists the other Marin offices.
A public vehicle or road was involved. The six-month written claim applies to death claims too (Government Code 911.2). Our guide on crashes with a county vehicle, a public bus or a dangerous road explains the rules.
The other driver had little or no insurance. The family's own uninsured motorist coverage pays what the insured's heirs are legally entitled to recover for wrongful death, within its limits (Insurance Code 11580.2(a)(1)).
The driver responsible also died. The claim against that driver's estate generally must be brought within one year after the driver's death (Code of Civil Procedure 366.2).
The person who died had their own losses before death. Medical bills and lost pay between the crash and the death belong to a separate survival claim brought for the estate; see whether the family needs probate for that claim.
What could this look like? An example
For example, imagine a father of two killed on Highway 116 when a driver crosses the center line; the other driver is arrested at the scene on suspicion of driving under the influence. That night, a Coroner Bureau detective notifies the family and gives a case number. A week later, the family's funeral home arranges the release of his remains, and his wife collects his wallet and phone with the Bureau's property release form.
The CHP's report takes longer than usual because of the investigation. The District Attorney files charges, and a victim advocate helps the family apply to the Victim Compensation Board for funeral costs, because a DUI death qualifies. The family does not wait for the criminal case: within the two years, the wife and children bring the wrongful death claim. If the driver is convicted, restitution would be credited against any civil judgment for the same losses. This example is made up to show how the processes fit; it predicts nothing about a real case.
What mistakes do families make?
- Waiting for the criminal case to end before thinking about the civil claim, while the deadlines run.
- Assuming the District Attorney represents the family; the prosecutor represents the State.
- Throwing away funeral, burial or medical receipts.
- Giving a recorded statement to the other driver's insurer in the first weeks.
- Missing a six-month claim when a public road or vehicle played a part.
- Forgetting the survival claim for the person's own losses before death.
What should we do this week?
- Write down the coroner case number and keep any paperwork from the Coroner Bureau.
- Write down the crash report number, the agency and the investigating officer's name.
- Keep the District Attorney's case number and any letters from its office.
- Start a folder for funeral, burial and medical bills, and proof of payment. Our checklist of what to gather in the first weeks after a wrongful death lists the other records to keep.
- Keep every letter or call log from an insurance company.
- List who may bring the claim: a spouse or partner, children, and others the law allows.
For the other county offices a case may involve, see our page on personal injury cases in Sonoma County.
Frequently asked questions
Do we have to wait for the criminal case before filing a claim?
No. The criminal case and the family's claim are separate, with different standards of proof (Penal Code 1096; CACI 200), and the civil deadlines run during the criminal case.
How do we get the person's belongings back?
In Sonoma County, the Coroner Bureau has a Personal Property Release Form for families. In Marin, property release appointments are made through the Coroner Division.
Does the coroner investigate every crash death?
The coroner must inquire into violent, sudden or unusual deaths, including those known or suspected to result from an accident or injury (Government Code 27491).
Can restitution and a civil claim both be pursued?
Yes. Restitution is ordered in the criminal case if there is a conviction, and money collected under it is credited against a civil judgment for the same losses (Penal Code 1202.4).
What if no one is charged?
The family's claim can still go forward, because it is decided on whether the facts are more likely true than not (CACI 200).
Who pays if the driver was working?
An employer is responsible for harm caused by an employee's wrongful conduct while acting within the scope of employment (CACI 3700). If the employer was a public agency, the claim goes to that agency first, within six months (Vehicle Code 17001; Government Code 911.2).
If your family has lost a loved one in a crash in Sonoma County, contact Young Law Group today at (707) 343-0556 or through our contact page for a free and confidential consultation.
Sources
- Sonoma County Sheriff's Office: Coroner Bureau
- Government Code section 27491 (deaths the coroner investigates)
- California Highway Patrol: Santa Rosa Area office
- Vehicle Code section 20012 (who may get a crash report)
- Vehicle Code section 20001 (leaving the scene of a crash)
- Penal Code section 1096 (proof beyond a reasonable doubt)
- Judicial Council of California: Civil Jury Instructions (CACI), 2026 edition: instructions 200 (burden of proof) and 3700 (employer responsibility)
- Penal Code section 1202.4 (restitution to crime victims and surviving family)
- California Victim Compensation Board: for victims
- Government Code section 13955 (which vehicle crimes qualify for victim compensation)
- Government Code section 13953 (time to apply for victim compensation)
- Code of Civil Procedure section 340.3 (lawsuits after a felony conviction)
- Code of Civil Procedure section 377.60 (who may bring a wrongful death claim)
- Code of Civil Procedure section 335.1 (two years for a death)
- Code of Civil Procedure section 366.2 (when the person responsible has died)
- Government Code section 911.2 (six-month claim to a public entity)
- Vehicle Code section 17001 (public entity liability for its employees' driving)
- Insurance Code section 11580.2 (uninsured motorist coverage for wrongful death)
- Marin County Sheriff's Office: Coroner Division
- City of Petaluma: request a police report (archived copy of October 10, 2025)
