Schuelke Law Notes First Prosecution Under Texas’ New Crosswalk Law

Experienced personal injury lawyers like the team at Schuelke Law have helped many families seek compensation after a loved one was killed or severely injured in a crosswalk accident. Until recently, however, the law regarding criminal responsibility for killing someone walking in a crosswalk was difficult to prosecute.

That changed recently with the passage of the Lisa Torry Smith Act in 2021. This summer, the Travis County District Attorney’s Office reported that it prosecuted its first case under the new law – providing an additional avenue of justice for those who lose loved ones in pedestrian accidents. 

Texas’s Crosswalk Law

The Lisa Torry Smith Act is named in honor of Lisa Torry Smith, who lost her life when a driver hit and killed her in a Houston-area crosswalk in 2017. She was crossing the street with her son in a marked crosswalk in a school zone. Her son was severely injured but survived. The driver was charged with negligent homicide, but because of difficulties in the law, the prosecution was not able to go forward.

The Lisa Torry Smith Act was passed in September 2021. The new law updates Texas’s criminal code to specify that it is a crime to kill or injure a pedestrian, cyclist, or other person who is using a crosswalk in Texas. 

Recently, the Travis County District Attorney’s office secured a verdict against a driver who was convicted under the law after killing a 64-year-old pedestrian in a crosswalk in November 2021. According to court records, the driver was looking at his cell phone rather than the road when he struck the pedestrian, who was crossing the street in a crosswalk with the walk sign lit. 

Before the law was passed, drivers were required only to yield to occupants of crosswalks. A driver who failed to yield could receive a ticket but it was difficult for prosecutors to pursue criminal charges. Now, a driver whose failure to yield causes death or injury can face both criminal charges and a civil claim brought by the injured person or their family. 

Pedestrian Accidents in Texas

Pedestrian accidents have increased in Texas, according to the Texas Department of Transportation. Pedestrian accident deaths increased 30 percent between 2018 and 2022. Today, 20 percent of all roadway deaths happen to pedestrians – a total of 830 deaths and 1,526 injuries in 2022 alone. 

According to TXDOT, the most common factors causing pedestrian crashes include drivers who don’t yield the right of way to pedestrians, driver distraction, and speeding. These factors can be particularly dangerous in crosswalks, where pedestrians have the right of way and typically assume that drivers will notice and stop for them. 

“For years, experienced Texas injury lawyers have fought for injured pedestrians and their families,” says Austin pedestrian accident lawyer Brooks Schuelke, who has decades of experience helping families seek compensation for damages after a crash. “It is heartening to see Texas’s criminal law take these accidents as seriously as we do.”