Querencia Los Cabos Truck Driver: What He Told an Investigator and What the Inspections Recorded

The truck driver in the March 25, 2025 Querencia Los Cabos accident, under investigation, told an investigator he got distracted. What the inspections recorded.

Vox Populi Staff

Ocotillo stems with red blossoms against a pale morning sky in the desert of southern Baja California

A 5-year-old girl was thrown from a golf cart on March 25, 2025, when a truck bearing Querencia markings hit the cart from behind on Boulevard Querencia, in San José del Cabo, Baja California Sur, Mexico. According to a statement in the investigation file (carpeta de investigación), she was then struck by Querencia's truck, which weighs more than 500 kilograms (over 1,100 pounds). On March 26, 2025, the truck driver in the Querencia Los Cabos accident, who is under investigation, told a state investigator that he had been distracted for a few seconds looking down and could no longer avoid the cart. According to the inspection reports, the impact was at the rear of the cart and at the front of the truck.

What the driver told the investigator

The truck driver, who is under investigation, told a state investigator on March 26, 2025, one day after the crash: "I got distracted for a few seconds looking down and could no longer avoid it" (translated from Spanish; his words in Spanish were "me distraje unos segundos volteando hacia abajo y ya no pude evadirlo").

A state investigator (agente de investigación) is an officer of the state investigative police who takes statements for prosecutors. The driver's words come from the written record of that interview, which forms part of the investigation file.

In the same interview, he described himself as a "construction driver for the Querencia company" (translated from Spanish; in Spanish, "chofer de construcción para la empresa Querencia"). Who formally employed him, and who owned the truck, has not been established.

What the inspections recorded

Both vehicles were examined, and each examination produced an inspection report (acta de inspección), the official account of what investigators observe when they look over a vehicle for a case. According to the inspection reports, the golf cart, examined on March 25, 2025, in the club's parking lot, took the impact at its rear. The report on the truck places the impact at its front and records damage to the grille, bumper, hood and front frame.

The truck was inspected on March 26, 2025, at a body shop, not at the scene; according to a police report, the development's head of security reported that a tow truck took it to that shop moments after the accident. According to a statement in the investigation file, the truck was moved "without justification and with unusual promptness," which "makes it impossible to carry out any further investigative act," whether by the prosecutor's office or by independent experts (translated from Spanish). Who ordered the tow is not on record.

The tow and both inspections are laid out step by step in where the truck went after the crash.

The driver in the prosecutors' file

In Mexico, state prosecutors (Ministerio Público) are the authority that investigates crimes and decides whether to take a case to a judge; they can also set specific offenses aside through a decision not to prosecute (no ejercicio de la acción penal). According to a decision dated February 11, 2026, and its authorization, a state prosecutor at the Baja California Sur State Attorney General's Office (Procuraduría) proposed not prosecuting, on the ground that the conduct did not fit the legal definition of the offenses (atipicidad), in favor of Querencia Real Estate, Querencia Golf Club, the club doctor, José Luis Sánchez Musi, who is under investigation, and the driver, also under investigation, for failure to render aid, failure to file a medical report and concealment (encubrimiento). Against the driver, the same decision did proceed: it sought his prosecution for unintentional bodily injury and property damage (lesiones y daños culposos).

On July 15, 2026, prosecutors requested a charging hearing (audiencia de imputación) for three parties from a pretrial judge (Juez de Control), who oversees the investigation stage. The driver, who is under investigation, is one of them; the others are the club doctor, also under investigation, and Querencia Construcciones, S. de R.L. de C.V. (a Mexican limited-liability company form, roughly comparable to a U.S. LLC). A charging hearing is the session at which charges may be formally brought, and it is not a trial; how a case moves through Mexico's courts sets out each step.

According to the transcription of the ruling, on September 23, 2026, at a hearing to review the decision not to prosecute (audiencia de control), a pretrial judge revoked that decision, dated February 11, 2026, and authorized on February 13, because it was not grounded or reasoned (no estaba fundada ni motivada), and ordered the investigation to continue. In the same ruling, the judge considered that not prosecuting was warranted as to the companies (personas morales).

Under Article 16 of Mexico's Constitution, no authority may act without citing the law it relies on and explaining why that law applies to the facts before it. A decision not to prosecute that was revoked for meeting neither condition is not due process. When the office responsible for investigating crimes drafts and authorizes a decision like that, the injustice comes from the authority itself.

How the crash unfolded is told in an account of the morning of March 25, 2025.

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