Peatón muere al subirse un Tesla a la acera en Simi Valley | Ley de California
- Tom Feher, Esq.
A 79-year-old woman from Agoura Hills was killed Monday afternoon when a Tesla jumped the curb and struck her on the sidewalk outside a cafe at a Target shopping center on Tierra Rejada Road in Simi Valley, according to KTLA. The crash happened around 2:30 p.m. on June 29, 2026, and Ventura County Fire Department crews found six victims in all, with four people treated for minor injuries. Authorities said the driver, a Thousand Oaks resident with three children in the car, lost control and continued into the planters and outdoor dining area before the vehicle came to rest among the tables and umbrellas.
Opinión del abogado: Tom Feher
There is something especially hard about a case like this. A woman was doing nothing more dangerous than walking on a sidewalk outside a restaurant, in a spot every one of us would assume is safe, and in an instant she was gone. In our practice we see how often the most serious pedestrian cases happen in exactly these places, parking lots and shopping centers and outdoor patios, where people on foot and moving vehicles are separated by little more than a curb.
Police have said there is nothing so far to suggest drugs or alcohol were involved, and that the cause is still under investigation. I want to be careful here, because the investigation is early and I am not going to speculate about this driver or this family. But I will say plainly that “not impaired” is not the same as “not at fault.” California law expects every driver to keep control of the vehicle and to watch for people on foot. A car that leaves the roadway, climbs a curb, and travels into a seating area has, by definition, gone where cars are not supposed to go. Sorting out why is the entire job of a careful investigation.
Families in this position are usually not thinking about lawsuits in the first days, and they should not have to be. The hard truth is that the evidence does not wait. Surveillance video gets overwritten, vehicles get repaired or scrapped, and memories fade. In modern vehicles, including a Tesla, there is often onboard data about speed, braking, and steering in the seconds before a crash, and that data is far easier to preserve when someone asks for it early. The point of getting advice quickly is not to rush a grieving family. It is to make sure the facts are still there when they are ready to ask what happened.
Lo que dice la ley de California
A fatal pedestrian crash in California is governed by a handful of core rules:
- Estatuto de limitaciones. Most wrongful death claims must be filed within two years of the death under Code of Civil Procedure section 335.1. Claims that involve a government entity are subject to a much shorter government-claim deadline, often six months.
- Who may sue. Code of Civil Procedure section 377.60 lists who can bring a wrongful death action, including a spouse or domestic partner, children, and certain other heirs and dependents.
- Driver duties toward pedestrians. Vehicle Code section 21950 requires drivers to yield to pedestrians in crosswalks and to exercise due care for the safety of anyone on foot, and Vehicle Code section 22107 governs unsafe turning and lane movement.
- Falla comparativa. California is a pure comparative negligence state under Civil Code section 1431.2 and longstanding case law, so a recovery is reduced by a victim’s share of fault but is not barred even if that share is significant.
- Measure of damages. Civil Code section 3333 sets the general tort measure of damages, and California wrongful death damages include both the family’s economic losses and the loss of the companionship and support the person provided.
Puedes leer más en nuestro Lesiones personales en California overview, our Accidente peatonal en California página, y nuestro California wrongful death Desbobinador hidráulico de alta resistencia:Para bobinas de mayor peso o necesidades de automatización más elevadas, visite ladesbobinador hidráulico de alta resistencia.
Si esto te sucedió a ti o a un ser querido
If your family lost someone in a pedestrian crash, a few early steps protect your rights while you grieve:
- Get the report number and the name of the investigating agency, here the Simi Valley Police Department, so you can request records as they become available.
- Ask that the involved vehicle and its onboard data be preserved before it is repaired, sold, or scrapped.
- Photograph the scene, including the curb, sidewalk, and any seating area, while conditions are still close to how they were.
- Write down the names and numbers of any witnesses and anyone who recorded video.
- Do not give a recorded statement to an insurance company before you understand your rights.
- Talk to a California attorney experienced in pedestrian and wrongful death cases within days, not weeks, because key evidence disappears quickly.
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Preguntas frecuentes
In most California wrongful death cases you have two years from the date of death to file, under Code of Civil Procedure section 335.1. There are important exceptions that can shorten the window, such as claims against a public entity, which generally require a government claim within six months. Because deadlines turn on the specific facts, it is best to talk to a lawyer early.
California Code of Civil Procedure section 377.60 lets the spouse or domestic partner, children, and certain other dependents or heirs bring the claim. A single action usually covers the whole family, so it matters that everyone with a right to recover is included from the start.
Driving sober does not end the question of fault. A driver can be negligent by speeding, getting distracted, mistaking the gas for the brake, or simply losing control. California drivers also owe pedestrians a duty of care, and Vehicle Code section 21950 protects people in crosswalks and on foot. Sobriety is one fact among many, not a defense by itself.
Sometimes. If a parking lot, walkway, or outdoor dining area was laid out in a way that exposed people on foot to traffic, the property owner or business can share responsibility under premises liability principles. Whether that applies depends on the design and history of the site, which is why an early investigation matters before evidence changes.
A wrongful death claim can include the financial support the person would have provided, funeral and burial costs, and the loss of the love, companionship, and guidance the family suffered. California Civil Code section 3333 sets the broad measure of damages in tort. A survival claim can also cover losses the person sustained before death.
Feher Law handles pedestrian and wrongful death cases on contingency, so there is nothing to pay up front and the fee comes only out of a recovery. You pay nothing unless we win.
Last reviewed by Thomas Feher, Esq., June 2026
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