TEXARKANA, Texas - A new law in Texas allows drivers to be charged with a crime if they cause bodily harm to a pedestrian at a crosswalk.
The law, which went into effect Sept. 1, could mean a misdemeanor charge for bodily harm and a possible felony charge if the pedestrian is seriously injured.
The new law was inspired by the death of a woman in the Houston area.
On June 18, Gov. Greg Abbot signed into law Senate Bill 1055, or the Lisa Torry Smith Act. Named for a late Houston area mom who was killed in a crosswalk by a negligent driver while she was taking her son to school, the new law seeks to protect not only pedestrians but also cyclists and people operating motor-assisted scooters, neighborhood electric vehicles or golf carts.
The driver in Lisa Torry Smith's crash never faced any criminal charges. The new law further requires drivers to stop and yield to pedestrians or cyclists who are properly in an intersection.
Pedestrian deaths account for one in five of all traffic fatalities, according to the Texas Department of Transportation. In 2020, there were 4,852 traffic crashes involving pedestrians in Texas, resulting in 731 fatalities and 1,211 serious injuries.
From 2016 to 2020, pedestrian fatalities resulting from traffic crashes increased 5%.
Despite a decrease in traffic crashes in 2020, Texas saw a dramatic rise in the number of people killed walking and biking on roadways. In 2020, 731 people died in pedestrian-related crashes, an increase of 9% from 2019. Crashes involving bicyclists claimed the lives of 82 people, up from 68 deaths the previous year.
In TxDOT's Atlanta District, there were 54 pedestrian accidents in 2020, resulting in 10 fatalities and 21 serious injuries, said Atlanta-District Spokeswoman Heather Deaton. There were 16 traffic accidents involving bicyclists in 2020, resulting in two fatalities and seven serious injuries.
Nighttime is the most dangerous time for pedestrians and cyclists, with 9 p.m. being the most dangerous hour, Deaton said.
Though Texarkana has had several serious pedestrian accidents in recent years, the majority of them do not happen at crosswalks, said Texarkana Texas Police Spokesman Shawn Vaughn.
"We have a problem with people walking in the middle of the roadway or crossing the road inappropriately, even when there are sidewalks and crosswalks present. Those seem to be the most prevalent factors in pedestrian accidents that happen here," Vaughn said.
TxDOT officials hope the law helps prevent future accidents.
"We emphasize safety. We are all a pedestrian sometimes, and everyone needs to be aware and take proper precautions," said Deaton.
Pedestrians must cross the street only at intersections and crosswalks, obey all traffic and crosswalk signals and always use sidewalks. If there isn't a sidewalk, pedestrians should walk on the left side of the street or road, facing oncoming traffic.
Between 2015 and 2021, TxDOT awarded more than $300 million in federal and state funding to support locally-sponsored projects providing safe routes to schools, multi-use paths, sidewalks and bike ways in rural and small urban areas and to upgrade sidewalks, curb ramps and striping for pedestrian accessibility, safety and mobility.