The auto-pedestrian collision happened at about 5:20 p.m. near Cupertino City Hall on Rodriguez Avenue. The victim was crossing the two-lane street when a silver Nissan Quest van driven by a female hit him. The driver told police that she had not seen the victim.

According to Terrance Helm, public information officer for the Santa Clara County Sheriff's Office, within minutes sheriff's deputies arrived on the scene near the intersection of Rodriguez and Torre avenues. They immediately took the victim to Valley Medical Center in San Jose.

"He was still alive, but he didn't look good," Helm said. "Deputies didn't think he was going to make it." On March 7, he was in unstable condition.

Helm said the female driver stopped after she hit the victim and fully cooperated with deputies in their investigation.

A traffic investigation team has concluded that the incident was purely an accident and therefore the sheriff department will not file any charges against the driver.

As of March 10, the sheriff department has not released the names of the victim or the driver.