Pedestrian Killed as Tesla Jumps Curb in Simi Valley | CA Law
- 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.
Attorney's Take: 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.
What California Law Says
A fatal pedestrian crash in California is governed by a handful of core rules:
- Statute of limitations. Most wrongful death claims must be filed within two years of the death under Code of Civil Procedure 335.1. Where a public entity is involved, Government Code 911.2 requires a written claim within six months of accrual, and Government Code 945.6 then gives only six months from the agency’s written rejection to file suit.
- Who may sue. Code of Civil Procedure 377.60 lists who can bring a wrongful death action, including a spouse or domestic partner, children, and certain other heirs and dependents, and Code of Civil Procedure 377.61 sets out the damages they may recover.
- The survival claim changed on January 1, 2026. Code of Civil Procedure 377.34 no longer allows the estate to recover the decedent’s own pre-death pain, suffering, or disfigurement in an action filed on or after that date, so the family’s wrongful death damages carry the case.
- Driver duties toward pedestrians. Vehicle Code 21950 requires drivers to yield to pedestrians in crosswalks and, under subdivision (c), to exercise due care for the safety of anyone on foot regardless of where they are walking. Vehicle Code 22107 governs unsafe turning and lane movement.
- A vehicle does not belong on a sidewalk. Vehicle Code 21663 prohibits operating or moving a motor vehicle on a sidewalk except as necessary to enter or leave adjacent property. When a car leaves the roadway and strikes someone on a sidewalk, that statute frames the negligence question directly, and a violation supports negligence per se.
- Comparative fault. California became a pure comparative negligence state in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, so a recovery is reduced by a victim’s share of fault but is not barred even if that share is significant. Civil Code 1431.2, enacted by Proposition 51, separately makes each defendant severally liable for non-economic damages in proportion to that defendant’s own share of fault.
- Measure of damages. Civil Code 3333 sets the general tort measure of damages, and California wrongful death damages under Code of Civil Procedure 377.61 include both the family’s economic losses and the loss of the companionship and support the person provided.
You can read more on our California personal injury overview, our California pedestrian accident page, and our California wrongful death page.
If This Happened to You or a Loved One
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.
You pay nothing unless we win. Call Feher Law at (310) 340-1112 for a free, confidential consultation.
Talk to a California Personal Injury Attorney
Feher Law has recovered over $170 million for clients across Southern California. Call (310) 340-1112 or schedule a free consultation.
Frequently Asked Questions
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. – September 2026
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is for general information and is not legal advice for any specific matter.
