1 woman pronounced brain dead, 1 in critical condition after outdoor dining crash at San Jose mall

SAN JOSE, Calif. (KGO) -- One of the women who was in critical condition after a man crashed his SUV into a crowd of diners in San Jose has died, police announced Tuesday.

The Santa Clara County Medical Examiner's Office reported that, while police have said that the victim died, she was in fact pronounced brain dead and the family has not removed her ventilator. According to the coroner's office, in the state of California, a victim is legally considered dead if that victim is brain dead.

One other woman remains in critical condition, according to police, after a 69-year-old man crashed his SUV into a crowd of dim sum diners outside Grand Century Shopping Mall in San Jose on Sunday afternoon.

"Right now, all indications, talking to witnesses and collecting evidence is he thought he was using his brake but accelerated," said San Jose police Sgt. Christian Camarillo.

RELATED: Car crashes into gas station in San Francisco, driver hospitalized

Eight people were taken to the hospital, as well as the driver, who may have been suffering from a medical emergency at the time of the accident, which occurred in an outdoor dining area set up by the Dynasty Chinese Seafood Restaurant.

"The driver stayed there, he's cooperating with the investigation," said Camarillo. "We have some things that we have to put together."

ABC7 News has learned that the restaurant had not applied for a permit under the "San Jose al Fresco" dining program, which provides city support and approval for proper setup. City officials say there is no guarantee that a prior review would've prevented this incident, but are urging restaurant owners to do their part by playing by the rules.

RELATED: 4 injured, 1 critically, after car crashes into pedestrians at San Francisco bus stop

"The registration process is very easy, and then we'll work with the businesses directly to make sure those activations are as safe as possible," said Nanci Klein, the city's deputy director of economic development.

Just hours after the outdoor dining crash at the mall, another driver hit a food cart and killed a man at the nearby La Placita Tropicana shopping center. Police are asking the public to reduce their driving speeds and to treat these high-pedestrian areas as active school zones.

"We still need to be cognizant of the number one thing should be safety," said Camarillo.