Edgar Chavez: road construction worker struck inside a closed lane on State Route 38 by a driver who did not stop
BIG BEAR LAKE, CALIFORNIA (August 31, 2026): A 43-year-old road construction worker was struck and killed inside a closed work zone on eastbound State Route 38, also known as Big Bear Boulevard, east of Greenway Drive, at about 7:07 a.m. on Monday, August 31, according to the California Highway Patrol as reported by Victor Valley News. The worker was identified as Edgar Chavez, 43, of Riverside. According to the CHP, Chavez was standing in the roadway inside a construction closure when he was hit by a 2012 Toyota whose driver continued eastbound. The Big Bear Grizzly reported that the driver went through traffic-control cones while Chavez was performing authorized work for California Boring Inc., an Anaheim contractor working under a Caltrans encroachment permit.
Chavez was taken to Bear Valley Community Hospital, where he was pronounced dead, according to the Big Bear Grizzly. At about 2:45 p.m. the same day, the CHP arrested Donald Parker, 90, of Big Bear Lake, on suspicion of vehicular manslaughter and felony hit-and-run, the Grizzly reported. Parker was released on bail, and as of September 3 the district attorney had not filed formal charges. CHP Officer Anthony Suarez said all details remain under investigation, and the CHP Inland Division Multi-Disciplinary Accident Investigation Team is handling the case, according to Victor Valley News. Caltrans spokesperson Eric Dionne told the Grizzly the agency’s hearts go out to the worker’s family and colleagues, and urged drivers to slow down in work zones.
Liability for San Bernardino County Work Zone Crashes
California Vehicle Code § 21367 (work zone traffic control) requires motorists to obey the cones, signs and flaggers that close a lane, and Vehicle Code § 22362 (work zone speed) sets reduced limits where workers are present. Vehicle Code § 20001 (hit-and-run causing injury or death) requires a driver involved in an injury crash to stop, render aid and identify himself; leaving the scene is a felony and strong evidence of negligence in a civil case. Because Chavez was working when he was killed, Labor Code § 3600 (workers’ compensation coverage) applies, and Labor Code § 3852 (third-party claims) allows his family to pursue the driver separately. The arrest is only an accusation; Parker is presumed innocent, but a civil claim does not depend on a criminal conviction.
- Entering a closed lane: The Grizzly reported the Toyota went through traffic-control cones. Why the driver crossed them, and whether the closure was visible and properly signed, will be central questions.
- Leaving the scene: According to the CHP, the driver continued eastbound. Chavez was alive when taken to the hospital, so investigators will ask whether an immediate stop could have mattered.
- Work zone setup: California Boring Inc. worked under a Caltrans permit. The traffic control plan, buffer distances and any attenuator vehicles will be reviewed against the permit.
- Insurance coverage: A private auto policy is often too small for a wrongful death. The victim’s own uninsured and underinsured motorist coverage may need to be identified.
Workers’ compensation death benefits under Labor Code § 4700 to § 4702 (death benefits and burial expenses for dependents) are paid by the employer’s insurance carrier regardless of fault and include burial expenses plus installment payments that, depending on the number of total dependents, can reach $320,000. Those benefits do not cover grief, loss of companionship or the full value of lost earnings. A wrongful death claim against the driver can recover those losses, and the workers’ compensation carrier may assert a lien on part of any recovery.
Steps to Take After a San Bernardino County Work Zone Crash
According to the Federal Highway Administration, hundreds of people are killed in highway work zone crashes across the United States every year, which is why work zone speed limits and lane closures are enforced so strictly.
- Obtain the CHP MAIT report: The team’s reconstruction includes scene measurements, vehicle data and witness statements that a civil case will rely on.
- Start the workers’ compensation death claim: Notify California Boring Inc. and its insurance carrier in writing so burial expenses and dependent benefits begin promptly.
- Identify all insurance: Request the driver’s policy limits, and review Chavez’s own auto policy and any household policy for uninsured or underinsured motorist coverage.
- Preserve the work zone evidence: Ask Caltrans and the contractor to keep the encroachment permit, traffic control plan, daily logs and any video.
- Track the criminal case: The district attorney’s charging decision and court proceedings can produce evidence, and victims’ families have rights to be informed.
Under Code of Civil Procedure § 335.1, a wrongful death lawsuit against the driver generally must be filed within two years of the death, and under Labor Code § 5405, the workers’ compensation death claim generally must be filed within one year. Because the work was performed on a state highway under a Caltrans permit, any claim alleging that the roadway or approved traffic control contributed must be presented to the state within six months under Government Code § 911.2. Contact an attorney promptly to protect your rights.
Investigating San Bernardino County Work Zone Crashes
We at Carrazco Law, A.P.C. extend our deepest condolences to the family of Edgar Chavez. Was the lane closure on Big Bear Boulevard set up with enough advance warning, buffer space and protective equipment to shield the crew from eastbound traffic? What did the driver see, and why did the Toyota continue past the cones and away from the scene?
If you or a loved one has been injured on the job or in a work zone anywhere in California, our workers’ compensation and personal injury attorneys can help you understand your rights and legal options. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Published on September 16, 2026 by M.M., Carrazco Law, A.P.C. The incident described in this article occurred on August 31, 2026.
