Authorities say a worker was fatally struck in a hit-and-run on SR-38 near Greenway Drive, prompting a hard closure as crews searched for the driver.
Pedestrian Accident on State Route 38 near Greenway Drive
A worker was struck by a vehicle in a hit-and-run crash on State Route 38 near Greenway Drive on the morning of August 31, 2026, according to incident logs. The collision was reported around 7:11 a.m. as a vehicle-versus-pedestrian incident. A coworker reported that the victim had been working in the area when a vehicle hit him and continued eastbound on Big Bear Boulevard. Officials initially had no description of the vehicle, but later logs noted a possible suspect vehicle described as a gray Toyota Tundra pickup truck last seen eastbound on Big Bear Boulevard with a traffic cone stuck underneath and apparent collision damage. A white adult female driver was also mentioned in connection with the suspect vehicle, authorities said. Fire crews arrived and began CPR on the victim, who had major facial lacerations. State Route 38 was ordered shut down between Greenway Drive and Mount Doble Drive for a hard closure, and a traffic alert was issued for approximately two hours while emergency crews and traffic control units responded. Despite prolonged life-saving efforts, fire personnel later advised that the victim had been pronounced dead at the scene. Law enforcement and transportation crews continued searching for a matching vehicle, including checking a vehicle at an address on Lone Tree Road, but subsequent updates indicated negative matches on vehicles coming down Highway 18. The incident remains under investigation, and authorities were working to locate the hit-and-run driver and confirm the involvement of any suspect vehicle.
Incident Details
What California law says after a pedestrian accident
Who may bring a wrongful death claim in California
When a collision results in death, California law allows specific family members to bring a wrongful death claim. The categories are defined by statute and generally include a surviving spouse or domestic partner, children, and, where there is no surviving spouse or issue, others who would be entitled to the property of the person who died. Certain dependents, including a putative spouse, stepchildren, or parents who were financially dependent, may also qualify.
A wrongful death claim compensates surviving family members for their own losses, including financial support, funeral and burial expenses, and the loss of the companionship, guidance, and society the person provided.
A separate claim, called a survival action, covers losses the person themselves sustained before death, such as medical expenses and lost earnings. California law changed here. For survival actions filed on or after January 1, 2026, damages for the decedent’s own pain, suffering, or disfigurement are no longer recoverable. Cases filed before that date are not affected, and different rules can apply in elder abuse matters.
Eligibility depends on family circumstances, filing deadlines are strict, and the damages available depend in part on when a case is filed.
Right of way rules for people walking and cycling
California drivers must yield to a pedestrian crossing in a crosswalk, and a crosswalk exists at most intersections whether or not it is painted. Drivers approaching a pedestrian in a crosswalk must also slow down or take other care for that person’s safety. Pedestrians in turn must not leave a curb so suddenly that a driver cannot yield.
Since the 2023 change commonly called the Freedom to Walk Act, an officer generally may not stop a pedestrian for crossing outside a crosswalk unless there is an immediate danger of a collision. That change limits enforcement; it does not remove the pedestrian’s duty to use care, and in a civil case that duty still counts when fault is divided.
A related rule addresses visibility. Parking is prohibited within twenty feet of the approach side of any crosswalk, marked or unmarked, and within fifteen feet where a curb extension is present. A vehicle parked in that zone can hide a person stepping into the roadway from an approaching driver, and since January 2025 the restriction is enforceable whether or not the curb is painted.
For bicycles, the Three Feet for Safety Act requires a driver passing a cyclist travelling in the same direction to leave at least three feet of clearance, and where another lane in the same direction is available and it is practicable and lawful, to change lanes before passing. Where three feet is not possible, the driver must slow to a reasonable and prudent speed and pass only when it would not endanger the cyclist.
Being outside a crosswalk, or not wearing a helmet, does not by itself establish that a pedestrian or cyclist was legally at fault. Under California’s comparative fault rule, those facts are weighed alongside everything else that happened.
Information for Families After a Fatal Collision
Losing a family member in a collision raises urgent legal questions, often long before anyone feels ready to ask them. These guides set out the basics, with no obligation attached.
- California wrongful death attorney: who may file, the deadlines that apply, and what a claim covers
- Pedestrian and vehicle accident claims: how fault is determined when a person on foot is struck
- All practice areas
Injured in This Accident? Get Trusted Legal Guidance
After an accident, the right information can make a meaningful difference. If you or a loved one was hurt, The Law Offices of Burg and Brock, Inc. can help you understand your rights and options.
Speak with our legal team today before making important decisions.