Querencia Real Estate's Accident Response, Set Beside the Hospital Records of a 5-Year-Old Girl

Querencia Real Estate wrote that a 5-year-old girl was taken to a hospital to rule out injury. What Hospital H+ Los Cabos recorded, and the truck offer.

Vox Populi Staff

The Sea of Cortez at early morning, seen from a low dune near San José del Cabo

On March 25, 2025, a truck bearing Querencia markings rear-ended a golf cart at Querencia Los Cabos, Mexico, and a 5-year-old girl was thrown from it. Querencia Real Estate's accident response, sent to prosecutors in writing on February 4, 2026, stated that she "was taken to a hospital to rule out any injury that could result from the traffic incident" (translated from Spanish). According to hospital records, she had a pulmonary contusion and laceration and a pneumothorax, with a guarded prognosis, and a CT scan ruled out brain or spinal injury. The company also offered the truck for inspection.

What Querencia Real Estate wrote

The company was answering an oficio, a formal written request from state prosecutors (Ministerio Público), the authority that investigates crimes in Mexico and decides whether to take a case to a judge.

In a February 4, 2026 written response to an official request from prosecutors dated January 29, 2026, Querencia Real Estate, S. de R.L. de C.V., through its attorney, stated that "the golf cart was traveling on a road not suitable for golf carts, was rear-ended by the Querencia truck, which caused a minor to be thrown from the golf cart, in addition to the minor not wearing a seat belt. (…)" and that the minor "was taken to a hospital to rule out any injury that could result from the traffic incident" (translated from Spanish). (Original Spanish: "el carro de golf circulaba por una vía no apta para carros de golf, recibió un alcance por parte de la camioneta de Querencia, lo que provocó que una menor saliera proyectada del carro de golf, aunado a que la menor no tenía colocado el cinturón de seguridad. (…) fue trasladada a un hospital para descartar cualquier lesión que pudiera resultar del incidente de tránsito.")

S. de R.L. de C.V. is a Mexican company form roughly comparable to a U.S. LLC.

The response's second point states that the vehicle "is in operation within the Querencia development" (translated from Spanish: "se encuentra en operaciones dentro del desarrollo Querencia"), and Querencia Real Estate offered it for inspection.

What the hospital recorded

Records from police and from the prosecutors' early-attention unit place her arrival at Hospital H+ Los Cabos at around 10:40 a.m. According to the discharge order, she entered the trauma room with a score of 9 on the Glasgow Coma Scale and reached 14 after initial treatment. The scale runs from 3 to 15, and a higher score is better.

According to the hospital's notice to prosecutors, she showed significant respiratory distress, crackles across both lungs and decreased oxygenation.

According to the medical records, her diagnoses were pediatric polytrauma, head trauma, blunt chest trauma, a pulmonary contusion and laceration, a traumatic pneumatocele and a 10% laminar pneumothorax, with a guarded prognosis. A pneumatocele is an air pocket in injured lung tissue; a pneumothorax is air between the lung and the chest wall.

The on-duty physician at Hospital H+ Los Cabos told a state investigator on March 25, 2025, that the injuries "may put her life at risk" (translated from Spanish).

According to the March 28, 2025 discharge order, a CT scan "ruled out brain or spinal injury" (translated from Spanish: "descartó lesión cerebral o espinal"). The same order records a "guarded outlook" (translated from Spanish) and a "high risk of superinfection or rupture of the pneumatocele" (translated from Spanish).

According to the discharge order, the girl stayed in the hospital from March 25 to March 28, 2025.

What the authorities did

According to a decision not to prosecute (no ejercicio de la acción penal), dated February 11, 2026, and its authorization, a prosecutor at the Baja California Sur State Attorney General's Office (Procuraduría) decided not to prosecute the driver and the club's doctor, both under investigation, Querencia Real Estate and Querencia Golf Club for failure to render aid (omisión de auxilio), failure to file a medical report (omisión de informe médico) and concealment (encubrimiento), on the ground that the conduct did not fit the legal definition of those offenses (atipicidad), and to pursue prosecution of the driver for unintentional bodily injury and property damage.

According to the transcription of the ruling, on September 23, 2026, a pretrial judge (Juez de Control) in Los Cabos, who oversees the investigation stage, revoked a prosecutor's decision not to prosecute specific offenses, dated February 11, 2026, and authorized on February 13, because it was not properly grounded or reasoned, 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, an authority has to cite the law behind each of its acts and give reasons linking that law to the facts. The on-duty physician described injuries that "may put her life at risk" (translated from Spanish); a decision not to prosecute that fell short of that standard, as the ruling found, is not due process, and it is an injustice. This criticism concerns an act of the Procuraduría, not any person or company; everyone named in the decision is presumed innocent.

The crash happened at around 10:15 a.m. on Boulevard Querencia, when the truck hit the golf cart from behind with an adult and three children aboard and the girl was thrown out, as told in a step-by-step account of the March 25, 2025 accident at Querencia Los Cabos.

What the prosecutors' investigation file records about that morning is covered in a separate report.

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