Also called the Lisa Torry Smith Act, the new law was inspired by the 2017 death of a Missouri City woman who died after being hit in a crosswalk while taking her son to school, according to a Texas Department of Transportation press release. The driver who hit Torry Smith and injured her son was fined $50 but did not face criminal charges.
“For us, [this law] is the best thing that could have come out of a tragedy,” Torry Smith’s husband, Elliot Smith, said in audio provided by TxDOT. “There’s accountability now. [Before this law], the accountability was on the pedestrian to essentially make sure you don’t get hit by a car. ... This law puts the impetus on drivers now to pay attention, to slow down and look for people in crosswalks.”
After her death, a grand jury did not prosecute the defendant in Torry Smith’s case, prompting Brian Middleton, Fort Bend County district attorney, to draft the legislation.
Middleton said the law aims to clarify the definition of criminal negligence as it pertains to collisions in a crosswalk. Under the new law, if a driver causes bodily injury to a pedestrian, they can be charged with a Class A misdemeanor. If the collision causes severe injury or death, the driver can be charged with a state jail felony, Middleton said.
Middleton said the law updated the Texas Transportation Code to require drivers to stop and yield to pedestrians legally using a crosswalk.
Pedestrian deaths account for 1 in 5 of all traffic fatalities, and the number of pedestrian fatalities from vehicular crashes rose 5% from 2016-20, according to TxDOT.
“We’re hoping these efforts raise people’s awareness that when they are approaching a crosswalk area, they need to slow down; be observant; and check the area for pedestrians, cyclists and people with motorized mobility devices,” Middleton said.
Upcoming projects
League City Parkway right-turn lane
An extended eastbound right turn lane for League City Parkway is under design. The turn lane will begin about 450 feet west of Butler Road and run to about 300 feet west of the I-45 southbound frontage road, where the lane will tie into the existing right-turn lane built by the Texas Department of Transportation. About 2/5 of a mile of 12-foot-wide concrete pavement will be implemented into the project to improve mobility.Timeline: summer 2022-TBD
Cost: $1.86 million
Funding sources: city of League City, Galveston County
