Last updated
By Ron McMinn, Esq. | Last updated: November 11, 2026.
Read this article in Español.
When the driver of your car is killed while turning left onto a highway, the passengers who survive and the driver’s family may each have a claim, and those claims can point at different insurance policies. A passenger can usually look to the other driver’s liability insurance if the evidence shows that driver was careless, to the insurance of the driver who died if that driver was careless, and to the passenger’s own household uninsured and underinsured motorist coverage. The family of the driver who died may have a wrongful death claim if the other driver shares responsibility. On the morning of November 10, 2026, the California Highway Patrol reported a crash of this kind on State Route 67 at Posthill Road in the Lakeside area of San Diego County. The cause is under investigation. This article does not decide who was at fault, and it does not name anyone involved.
What has been reported about the Lakeside SR-67 crash?
ABC 10News San Diego reported that, according to the California Highway Patrol, a 2015 Toyota Prius was traveling east on Posthill Road near State Route 67 at about 8:54 a.m. on Tuesday, November 10, 2026, when its driver tried to make a left turn onto southbound SR-67. The CHP said the right side of the Prius was struck by the front of a 1998 Dodge Ram pickup that was heading south on SR-67.
The CHP confirmed that the driver of the Prius died at the scene, according to 10News. Three passengers in the Prius, an adult woman and two juveniles, were injured. 10News reported that the woman was taken to Sharp Memorial Hospital with major injuries and that the two juveniles were taken to Rady Children’s Hospital, with minor and major injuries. The CHP said the driver of the pickup was not hurt. Southbound SR-67 was closed in the area, and the CHP said all lanes had reopened by 11 a.m. The cause of the crash is under investigation.
Hoodline, citing the San Diego Union-Tribune and 10News, placed the crash in the Eucalyptus Hills area near San Vicente Reservoir. We are not naming anyone who was hurt or killed. These are attributed reports, not findings by this firm. They do not establish fault, speed, visibility, or anything about the design of the road.
This is not the same event as the two October 2026 crashes on this highway discussed in our article on SR-67 crash claims in San Diego County. That article explains when a road claim against Caltrans may be examined and why a crash on a state highway does not, by itself, show that the road was dangerous.
Who may pay when your own driver is killed making a left turn?
A passenger is rarely the person who caused a crash. That is why a passenger’s claim often does not depend on deciding which driver was more at fault. Depending on the evidence, a passenger may have a claim against either driver, or against both.
The other driver’s insurance. If the evidence shows the driver of the other vehicle was speeding, not paying attention, or otherwise not using ordinary care, that driver’s liability insurance can be a source of payment for the passengers and for the family of the driver who died. Under Civil Code section 1714, everyone is responsible for harm caused by a lack of ordinary care.
The insurance of the driver who died. If the evidence shows the turning driver was careless, the passengers may have a claim against that driver’s liability insurance, even though the driver died. A claim against a person who has died is usually handled against the estate or, under Probate Code section 550, against the estate up to the limits of the driver’s liability insurance without a full probate. Some California auto policies exclude injury to the named insured or to relatives who live in the same household, as Insurance Code section 11580.1 allows. Whether an exclusion applies depends on the policy and on who lived where.
Your own household coverage. Uninsured and underinsured motorist coverage, often called UM and UIM, can help when a responsible driver has no insurance or not enough. Medical payments coverage on a household policy may help with medical bills no matter who was at fault. Policy definitions matter, and coverage involving a vehicle owned by your own household can be limited. Our page on UM and UIM claims explains those layers.
Our article on passenger claims when your own driver caused the crash goes deeper on those paths, and our motor vehicle accidents page covers California car crash claims more broadly.
How does fault work in a left-turn crash onto a highway?
A left turn across or onto a highway is a common setting for a serious side impact. California’s right-of-way rules, such as Vehicle Code section 21801 for left turns and Vehicle Code section 21802 for stop-controlled intersections, are a starting point. They are not a verdict. Speed, sight lines, lighting, signals or signs, and what each driver did in the last few seconds can all matter. Our article on whether the turning driver is always at fault in California explains why the answer is not automatic.
California uses comparative fault. In Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, the California Supreme Court replaced the old all or nothing rule with a system that divides responsibility by percentage. If both drivers share fault, a claim can be reduced, but it is not erased. Under Civil Code section 1431.2, each responsible person can be liable for the full amount of economic losses, such as medical bills and lost income, while non-economic losses, such as pain and suffering, are generally divided by each person’s share of fault.
For the passengers, comparative fault usually affects which policies pay and in what share, not whether the passengers have a claim at all. For the family of the driver who died, any share of fault assigned to that driver can reduce a wrongful death recovery against the other driver.
What claims may a family have after the driver dies?
When a crash causes a death, Code of Civil Procedure section 377.60 allows certain family members to bring a wrongful death claim. In general terms, that group can include a surviving spouse or domestic partner and children, and in some situations other people who depended on the person who died. The statute, not a news report, decides who qualifies. A wrongful death claim covers the family’s own losses, such as lost financial support and the loss of love, companionship, and guidance.
A separate survival claim, brought through the estate under Code of Civil Procedure section 377.30, covers certain losses the person suffered before death. Section 377.34 limits what that claim can recover. A wrongful death claim against the other driver depends on evidence that the other driver was at fault in some share.
The same family can hold more than one kind of claim. A person can be both an injured passenger and a close relative of the driver who died. Those claims can run against different policies, and an insurer for one driver may take a different position than an insurer for the other. Families should not assume that one relative or one claim speaks for everyone. Our page on wrongful death and catastrophic injury claims explains those family claims in general terms.
What is different when a child is hurt?
An injured child has a claim of their own, separate from the parents’ claim for the child’s medical bills. In California, a minor’s injury claim cannot be finally settled by a handshake or a release signed by a parent alone. Probate Code section 3500 and California Rules of Court, rule 7.950 set up a court approval process, and the court decides how the money is protected for the child, often in a blocked account or an annuity, until the child turns 18.
Timing for children is also different, but it is easy to get wrong. A minor’s own deadline to sue may be paused until age 18 under Code of Civil Procedure section 352. The parents’ claim for the child’s medical expenses does not get that same pause, and government claim deadlines are short even for children. Waiting is risky. Our article on passenger claims while a crash cause is investigated discusses how families can protect injured young people without sharing their medical details publicly.
What deadlines apply?
In many California injury and wrongful death cases, Code of Civil Procedure section 335.1 gives two years to file a lawsuit. When the person a claim is against has died, special rules can apply, including the one-year rule in Code of Civil Procedure section 366.2 and the insurance-based rules in the Probate Code. Insurance policies can also have their own notice and arbitration requirements for UM and UIM claims.
A six-month deadline applies only if a public entity may share responsibility. If evidence later suggests that a condition of public property played a role, Government Code section 911.2 generally requires a written government claim within six months for injury or death. Nothing in the reporting on this crash suggests that the road was a cause, and this article does not suggest it. Our guide on how to file a claim against Caltrans explains that process for the cases where it actually applies.
What should passengers and families do now?
Medical care comes first. After that, a few steps protect a claim without adding stress:
- Ask the CHP for the collision report number and keep it with the hospital paperwork.
- Find every auto policy that may apply: the policy on the car you were riding in, the other vehicle’s policy, and every policy in your own household.
- Keep photographs already taken, medical records, discharge papers, and receipts.
- Ask early about vehicle data and nearby video before vehicles are salvaged or footage is overwritten.
- Do not give a recorded statement to an insurer for the other driver before you understand your rights.
- Do not post a child’s injuries or medical details publicly to look for witnesses.
We help people across San Diego County, including Lakeside, Santee, and El Cajon, and throughout California. Our San Diego car accident page, our El Cajon injury page, and our San Diego injury page explain how we work with clients in the area.
Talk to us
If you were hurt as a passenger, or if you lost a family member, in a California highway crash, Win Attorneys handles motor vehicle, wrongful death, UM and UIM, and minor’s compromise matters statewide from our Tustin office. We speak Spanish and Vietnamese. We do not claim to represent anyone involved in the Lakeside crash described above.
Call us at (657) 235-8097, reach us through our contact page, or start online with our intake form. Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship. News accounts of this crash were preliminary as of November 11, 2026, and the cause remained under investigation.
Frequently asked questions
Can a passenger file a claim when the driver of their own car was killed?
Often yes. If the evidence shows the driver who died was careless, a passenger may claim against that driver’s liability insurance through the estate. If the other driver was careless, the passenger may claim against that driver’s insurance. A passenger can have claims against both drivers at once.
Is the driver turning left always at fault in a California crash?
No. Right-of-way rules for left turns are a starting point, not a verdict. Speed, sight lines, signals or signs, and what each driver did can all matter. California uses comparative fault, so responsibility can be shared between drivers.
Can I use my own uninsured or underinsured motorist coverage as a passenger?
Often yes, if you or someone in your household has an auto policy with that coverage. It can help when a responsible driver has no insurance or not enough. Policy definitions control, and coverage involving a vehicle your own household owns can be limited.
Who can bring a wrongful death claim for a driver killed in a crash?
Code of Civil Procedure section 377.60 decides who qualifies. In general that can include a surviving spouse or domestic partner and children, and in some cases other people who depended on the person who died. A wrongful death claim against the other driver depends on evidence that the other driver shares fault.
Does a child’s injury settlement need court approval in California?
Yes. A minor’s claim generally cannot be finally settled without court approval under Probate Code section 3500 and California Rules of Court, rule 7.950. The court decides how the money is protected for the child, often in a blocked account or an annuity.
How long do passengers and families have to file a claim?
Many California injury and wrongful death lawsuits must be filed within two years. Shorter rules can apply when the person a claim is against has died. If a public entity may share responsibility, a written government claim is generally due within six months. A child’s own deadline can be paused, but a parent’s claim for medical bills is not.
Does a crash on SR-67 mean Caltrans is responsible?
No. A crash on a state highway does not, by itself, show that the road was dangerous. A road claim depends on evidence about the road and whether it helped cause the crash. Nothing in the reporting on this crash suggests the road was a cause.
Do Win Attorneys’ lawyers speak Spanish or Vietnamese?
Yes. We speak Spanish and Vietnamese, and we help people statewide from our office at 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Call (657) 235-8097 or start online with our intake form.