Can a survivor of a motor vehicle accident bring a claim in a wrongful death action against the driver of the vehicle in which he is a plaintiff?

At the outset, it is important to distinguish the two types of claims. Claims that belonged to Ayala before his death (such as claims for violation of his own Fourth and Fourteenth Amendment rights) may be brought in a survival action, and they are derivative of the decedent's rights. See Hayes v. County of San Diego, 736 F.3d 1223, 1229 (9^th Cir. 2013). Claims based on injuries the survivors themselves suffered (such as loss of the relationship or loss of support) may be brought in a wrongful death action. Id.

Claims under 1983 survive the decedent if the claim accrued before the decedent's death, provided that state law authorizes a survival action. Tatum v. City & County of San Francisco, 441 F.3d 1090, 1094 n.2 (9th Cir. 2006). Under Cal. Code Civ. Proc. 377.30, only the decedent's personal representative or successor in interest can bring a survival action.