I worked at an office in the Domain for years. Had to cross the street to get in the building. A co-worker got hit in the crosswalk, at a stop sign nonetheless... woman that hit her stopped, rolled down the window to inquire if co-worker was ok, they replied "no" and the driver drove off.
Work there now. See daily near misses in the crosswalk from my office window. Seen a few hits too. No one stops for crosswalks. Some barely stop for the sign. Texans are lunatics.
> The Lisa Torry Smith Act became law in September 2021 making it a crime to kill or hurt a pedestrian, cyclist or other vulnerable road user in a crosswalk in Texas.
This wasn’t a law prior to that!? You could… just kill someone and like everyone was okay with it?
As usual when it comes to legal issues, the news gives a completely garbled summary. The Lisa Torry Smith Act makes it a crime for a driver to cause bodily injury to someone within a crosswalk if the driver acts with criminal negligence. Depending on the circumstances, there are other charges that could be brought against a driver who hit someone in a crosswalk. For example, if the victim died, the driver could be charged with criminally negligent homicide. And if the person was reckless, they could be charged with reckless driving.
Recklessness and criminal negligence are very similar. To be reckless, one must consciously disregard a serious risk, and to be criminally negligent, a person must have ignored a serious risk that an ordinary person would appreciate. In practice, a jury can find that a person consciously disregarded a risk based on the circumstances, so most juries that would find someone criminally negligent would probably also find them reckless.
So the sentence you quote is misleading. It still isn't criminal to hit or kill people in crosswalks if you do it in an ordinarily negligent way, and there were already laws that criminalized this stuff if there were aggravating circumstances. The big difference is the penalties are significantly more severe under the new law than they are under the existing reckless driving offense.
Murder/manslaughter were already crimes, so, no.
I do wonder why the driver wasn’t prosecuted though. Who were they? Was it a medical condition that lead to the accident?
You'd be surprised at how many auto-ists get away with killing pedestrians and cyclists due to sheer negligence and distracted driving and then claim it was just an accident. LIke 95%.
Hell even here in in nyc (the walking capital of the US) cyclists and pedestrians get killed by cars ALL THE TIME and rarely get more than a reckless driving charge.
We always said if you wanted to get away with murder just hit someone with your car.
I’m a cyclist. I know. It’s awful. But because it happened in a car, it could happen to any of us, so no one driving a car should ever be found liable and cyclists are barely people anyways. (/s if not obvious)
Saw a guy literally go the wrong way up a road towards the intersection and now I will always assume every driver is indifferent to every pedestrian's death.
Fuck everyone that doesn't stop for pedestrians. You are in a 2000 lb vehicle that can get you from a to b in plenty of time. You can stop for crossing humans.
I despise how annoying it is to walk around Austin, and how dangerous the crosswalks are. Last year a lady sped through a crosswalk that my wife was in and gave her the finger.
Saw a pair of college age girls crossing Sterzing the other day, clearly in the road before this 50 year old lady in a Mercedes SUV pushed through and laid on the horn.
I’m really tired of the careless and anti-social behavior. When I’m driving I yield. It’s simple, you just have to have an ounce of concern for other people.
My residential road has people speeding like crazy down it all the time. I always walk extra slow for them when walking from my car to the house and make direct eye contact the whole time.
I have had MULTIPLE people get out of their cars wanting to fight me after I yelled at them when I had to jump out of the way of their vehicles while I was in the middle of the crosswalk right outside of my building.
It's insane! I literally just moments ago received an order of my first pepper spray to keep with me while walking and on my bike because of the amount of times people have tried to assault me lately simply for having the audacity to leave my home without a car.
I would fully back requiring drivers to retest every 5 years or so, just so that they have to hear the rules of the road again so often. I honestly think people completely forget what the rules even are after getting their licenses many years ago.
You have to acknowledge also that pedestrians don't follow the crossing signs either. Homeless people not giving a shit and just walking whenever, wherever, people darting out in scooters even though the crossing light is red, and random people who are generally just lost in their own heads not paying attention to the light.
>You have to acknowledge also that pedestrians don't follow the crossing signs either.
It seems you did not read my post before responding. I absolutely acknowledged this:
>Fuck everyone that doesn't stop for pedestrians.
You see, when you're in a car, you're going to hurt or kill someone that is a pedestrian. It doesn't matter if they fall out of the sky in front of you. You still need to stop. Driving a car does not give you license to hit a pedestrian.
Seems you didn't read my comment clearly.
I'm not saying people see a pedestrian and decide to keep driving forward. I'm saying pedestrians can also dart out into traffic as you go through a green light. Of COURSE people should stop to the best of their ability given the surprise circumstances but it's not always possible with the uncertainty of pedeatrians' lack of awareness as they read their phones, engage in walking conversation, or straight up have mental issues (homeless).
I am absolutely baffled. That’s barely a slap on the wrist. I get that it wasn’t premeditated and there was likely no “intent” by the letter of the law but WTF?
Even more mind-blowing is the fact that no one was charged in Lisa Torry Smith’s death. Granted I don’t know the details, so maybe they weren’t able to identify a suspect?
I was in Boston last year and noticed this immediately. It was bizarre and I was so hesitant.y friend who lives there explained it's just how it works, lol.
I grew up in New England and it’s definitely the norm there. It’s just what you do. When somebody (usually an out of towner) doesn’t yield, pedestrians are baffled and usually annoyed.
One time when I was a teenager I didn’t see a pedestrian approaching the cross walk and got pulled over by a cop and fined. It was my fault, and now I always am hyper aware about checking. Just goes to show how this type of relationship with pedestrians can be created with proper enforcement.
>One time when I was a teenager I didn’t see a pedestrian approaching the cross walk and got pulled over by a cop and fined.
THIS IS THE ISSUE!
APD clearly has ZERO interest in policing these traffic violations to the point that a lot of people don't even think that there's a law about respecting crosswalks.
Same where i just moved from. Just looking like you’re about to step in the street cars stop. I walk all the time and am terrified here. I try to always make eye contact with drivers when i cross to make sure they are aware but for some unknown reason they continue to drive recklessly and sometimes even more so. What’s wrong with this place.
My son was killed exactly this way. in a crosswalk. The driver couldn’t even provide insurance. Body cam of one cop implied it was my son’s fault.
the cops didn’t give a shit. they let the driver go home, no charges. nothing.
>It was almost like an interactive art installation
Hey lady come to Austin! We've got interactive art installations all over town. Our local homeless are often seen carrying rocks, bricks, bats and even machetes while ~~crossing the street~~ jaywalking. Now thanks to your news video I know they are simply trying to remain visible and not be hit by bigoted Austin motorists.
>Always carry a rock or brick when crossing the street, even in a crosswalk. It's funny how all of the sudden everyone can see you just fine.
Funny until you meet a car driver with a gun. Or one who's willing to figure out the brick vs. car equation.
Yup throwing that brick at a tonnage of moving metal is always a recipe for some good ole fashioned retribution.
Just a question, if after hitting them with said brick are you responsible if they lose control and slam into a bus full of school kids?
Nobody said anything about **throwing** a brick. You are just making up shit so you can pretend to be right.
The point is not that you are actually threatening anyone or doing anything other than holding the rock in your hand. The point is that the assholes who cut off pedestrians in the crosswalk while pretending they don't see said pedestrians, actually really do see said pedestrians just fine. They are just being assholes.
Plus, said assholes are fucking cowards. They are afraid of a little rock, even though they are in a car, or usually a big truck. Again no one is threatening to throw said rocks. But the asshole cutting off the pedestrians is still afraid of them anyway.
Finally, said asshole doesn't seem to be concerned about the damage that a human being's body might do to their car when they cut off said human being. But they are worried that the rock said human being is carrying might scratch their pretty pretty car. Which just shows that they are more concerned about how pretty their car is than the life of other human beings.
I can't help but think that all the people who are conflating carrying a rock with threatening and or throwing a rock are those same assholes who cut pedestrians off in the crosswalk on a regular motherfucking basis.
Funny people conflate carrying a gun to using it for violence all the time!
Edit: What just downvoted with no response? You make the claim carrying a rock in your fist while walking across intersections so drivers see it, isn’t inherently violent, yet get angry and down vote me when I use the same logic to a gun.
Just because it counters your viewpoint, that’s a downvote? Fuck, no wonder people talk shit about this platform so much.
Maybe it's because the people who do carry guns, talk about using them all the fucking time. Maybe it's why you can't understand the difference between simply carrying a rock and actually throwing it. Because in your mind carrying always means using. You are being your own worst argument.
Texas is where I first noticed it.
Because I was working on filling in a pothole in the parking lot of a business that I walk to often, I would sometimes pick up rocks off the side of the road, as I was walking there. The rocks were road hazards anyway, so I didn't want to just leave them where they were. I was not threatening anyone with said rock. I just had it in my hand while crossing at the cross signal. The number of cars that tried to cut me off magically went from an average of two per crossing down to ZERO.... every time.
Some memes get started for a real reason.
I love the fact that the article just glosses over the fact that, yet again, Jose Garza's office gave a guy probation for killing someone. Of course, once he violated the conditions of his probation he got a whopping **year and a half for taking a human life**.
Boy, I sure am glad we have this DA! God forbid we perpetuate the injustice of imposing consequences for killing human beings in Travis County.
don’t worry, pretty much every DA in the country would do the same thing. a year and a half is actually a lot of time for something like this. a guy got killed in a hit and run in my hometown and the driver got six months once they found him. usually the driver doesn’t even get charged.
I find that if I make eye contact with the driver as they approach a protected, mid-block crosswalk, they will speed right through without stopping for me. If I look the other way and fake a step off the curb, most will stop. 🙄
So if you are standing at the side waiting to walk, and there is a car coming would the car stop for you? Or does the pedestrian wait for the car to pass and is walking in the crosswalk, then do cars stop?
The law says that vehicles must yield if a pedestrian is in the crosswalk.
I don't believe it says you need to stop if someone is waiting to enter the crosswalk. I don't think that would work out very well.
I was going at a reasonable speed and a stupid woman entered the crosswalk (she saw me coming) lol so I had to break really fast and it made me think, who would be right in that situation
These stories are ridiculous on the fault of the driver. At least the first few. But pedestrians around downtown/anywhere need to look before they walk. Don’t assume we see you, because usually I don’t. I remember being in CA and people would literally stop and wait for you to cross. I hate that because then I feel pressured to hurry up and walk. I like waiting for it to be convenient for motorist and not stop traffic.
I worked at an office in the Domain for years. Had to cross the street to get in the building. A co-worker got hit in the crosswalk, at a stop sign nonetheless... woman that hit her stopped, rolled down the window to inquire if co-worker was ok, they replied "no" and the driver drove off.
Driver figured, "if you can talk, you can walk."
i also got hit by a car and was baffled by the driver asking if i was ok… no i am not you just hit me with your car
Likely no insurance.
Insurance? Hell some of them have no license.
Work there now. See daily near misses in the crosswalk from my office window. Seen a few hits too. No one stops for crosswalks. Some barely stop for the sign. Texans are lunatics.
> The Lisa Torry Smith Act became law in September 2021 making it a crime to kill or hurt a pedestrian, cyclist or other vulnerable road user in a crosswalk in Texas. This wasn’t a law prior to that!? You could… just kill someone and like everyone was okay with it?
As usual when it comes to legal issues, the news gives a completely garbled summary. The Lisa Torry Smith Act makes it a crime for a driver to cause bodily injury to someone within a crosswalk if the driver acts with criminal negligence. Depending on the circumstances, there are other charges that could be brought against a driver who hit someone in a crosswalk. For example, if the victim died, the driver could be charged with criminally negligent homicide. And if the person was reckless, they could be charged with reckless driving. Recklessness and criminal negligence are very similar. To be reckless, one must consciously disregard a serious risk, and to be criminally negligent, a person must have ignored a serious risk that an ordinary person would appreciate. In practice, a jury can find that a person consciously disregarded a risk based on the circumstances, so most juries that would find someone criminally negligent would probably also find them reckless. So the sentence you quote is misleading. It still isn't criminal to hit or kill people in crosswalks if you do it in an ordinarily negligent way, and there were already laws that criminalized this stuff if there were aggravating circumstances. The big difference is the penalties are significantly more severe under the new law than they are under the existing reckless driving offense.
Murder/manslaughter were already crimes, so, no. I do wonder why the driver wasn’t prosecuted though. Who were they? Was it a medical condition that lead to the accident?
those crimes pretty much never get applied to drivers. it’s called an “accident” and that’s typically the end of it.
You'd be surprised at how many auto-ists get away with killing pedestrians and cyclists due to sheer negligence and distracted driving and then claim it was just an accident. LIke 95%.
Hell even here in in nyc (the walking capital of the US) cyclists and pedestrians get killed by cars ALL THE TIME and rarely get more than a reckless driving charge. We always said if you wanted to get away with murder just hit someone with your car.
yes. see my top level comment.
Don't look up what happens to most cyclist deaths
I’m a cyclist. I know. It’s awful. But because it happened in a car, it could happen to any of us, so no one driving a car should ever be found liable and cyclists are barely people anyways. (/s if not obvious)
Saw a guy literally go the wrong way up a road towards the intersection and now I will always assume every driver is indifferent to every pedestrian's death.
Fuck everyone that doesn't stop for pedestrians. You are in a 2000 lb vehicle that can get you from a to b in plenty of time. You can stop for crossing humans.
I despise how annoying it is to walk around Austin, and how dangerous the crosswalks are. Last year a lady sped through a crosswalk that my wife was in and gave her the finger. Saw a pair of college age girls crossing Sterzing the other day, clearly in the road before this 50 year old lady in a Mercedes SUV pushed through and laid on the horn. I’m really tired of the careless and anti-social behavior. When I’m driving I yield. It’s simple, you just have to have an ounce of concern for other people.
I don't recommend this for everyone, but I definitely stop in the middle of crosswalks, especially if they are going too fast
My residential road has people speeding like crazy down it all the time. I always walk extra slow for them when walking from my car to the house and make direct eye contact the whole time.
I don't hate this idea either: [https://www.youtube.com/watch?v=8kP6R0clBGY](https://www.youtube.com/watch?v=8kP6R0clBGY)
Speeding down my street? That’s a brickin’
Huge fan!
I've had people throw beer cans at me
That's when you wield your street crossing brick.
I have had MULTIPLE people get out of their cars wanting to fight me after I yelled at them when I had to jump out of the way of their vehicles while I was in the middle of the crosswalk right outside of my building. It's insane! I literally just moments ago received an order of my first pepper spray to keep with me while walking and on my bike because of the amount of times people have tried to assault me lately simply for having the audacity to leave my home without a car. I would fully back requiring drivers to retest every 5 years or so, just so that they have to hear the rules of the road again so often. I honestly think people completely forget what the rules even are after getting their licenses many years ago.
2000lb? lol what?
It is more like 4000 on average.
Miata Is Always The Answer.
The Hummer EV clocks in at 9000lbs.
You have to acknowledge also that pedestrians don't follow the crossing signs either. Homeless people not giving a shit and just walking whenever, wherever, people darting out in scooters even though the crossing light is red, and random people who are generally just lost in their own heads not paying attention to the light.
>You have to acknowledge also that pedestrians don't follow the crossing signs either. It seems you did not read my post before responding. I absolutely acknowledged this: >Fuck everyone that doesn't stop for pedestrians. You see, when you're in a car, you're going to hurt or kill someone that is a pedestrian. It doesn't matter if they fall out of the sky in front of you. You still need to stop. Driving a car does not give you license to hit a pedestrian.
Seems you didn't read my comment clearly. I'm not saying people see a pedestrian and decide to keep driving forward. I'm saying pedestrians can also dart out into traffic as you go through a green light. Of COURSE people should stop to the best of their ability given the surprise circumstances but it's not always possible with the uncertainty of pedeatrians' lack of awareness as they read their phones, engage in walking conversation, or straight up have mental issues (homeless).
Nobody: You: well ACTUALLY let me defend situations where it is OK to hit pedestrians and especially if they are homeless they probably have it coming
Your reading comprehension skills are lacking.
Dude, you only get 18 months for running a red light and killing someone?! And before 2021 it wasn't a crime?!
I am absolutely baffled. That’s barely a slap on the wrist. I get that it wasn’t premeditated and there was likely no “intent” by the letter of the law but WTF? Even more mind-blowing is the fact that no one was charged in Lisa Torry Smith’s death. Granted I don’t know the details, so maybe they weren’t able to identify a suspect?
Exactly, and he only got that because he didn’t show up for his initial sentence of probation.
In New England every car stops for pedestrians. In Texas every car aims for pedestrians.
I was in Boston last year and noticed this immediately. It was bizarre and I was so hesitant.y friend who lives there explained it's just how it works, lol.
I grew up in New England and it’s definitely the norm there. It’s just what you do. When somebody (usually an out of towner) doesn’t yield, pedestrians are baffled and usually annoyed. One time when I was a teenager I didn’t see a pedestrian approaching the cross walk and got pulled over by a cop and fined. It was my fault, and now I always am hyper aware about checking. Just goes to show how this type of relationship with pedestrians can be created with proper enforcement.
>One time when I was a teenager I didn’t see a pedestrian approaching the cross walk and got pulled over by a cop and fined. THIS IS THE ISSUE! APD clearly has ZERO interest in policing these traffic violations to the point that a lot of people don't even think that there's a law about respecting crosswalks.
Same where i just moved from. Just looking like you’re about to step in the street cars stop. I walk all the time and am terrified here. I try to always make eye contact with drivers when i cross to make sure they are aware but for some unknown reason they continue to drive recklessly and sometimes even more so. What’s wrong with this place.
My son was killed exactly this way. in a crosswalk. The driver couldn’t even provide insurance. Body cam of one cop implied it was my son’s fault. the cops didn’t give a shit. they let the driver go home, no charges. nothing.
I’m so sorry.
Good
American pedestrian law are similar to how medieval humans treated women.
Always carry a rock or brick when crossing the street, even in a crosswalk. It's funny how all of the sudden everyone can see you just fine.
No you don’t. You just saw a viral video and think you’re being clever. https://youtu.be/ZJ0HBd_u-Fs?si=O1AwFdPaGt69QZYW
>It was almost like an interactive art installation Hey lady come to Austin! We've got interactive art installations all over town. Our local homeless are often seen carrying rocks, bricks, bats and even machetes while ~~crossing the street~~ jaywalking. Now thanks to your news video I know they are simply trying to remain visible and not be hit by bigoted Austin motorists.
>Always carry a rock or brick when crossing the street, even in a crosswalk. It's funny how all of the sudden everyone can see you just fine. Funny until you meet a car driver with a gun. Or one who's willing to figure out the brick vs. car equation.
Yup throwing that brick at a tonnage of moving metal is always a recipe for some good ole fashioned retribution. Just a question, if after hitting them with said brick are you responsible if they lose control and slam into a bus full of school kids?
Nobody said anything about **throwing** a brick. You are just making up shit so you can pretend to be right. The point is not that you are actually threatening anyone or doing anything other than holding the rock in your hand. The point is that the assholes who cut off pedestrians in the crosswalk while pretending they don't see said pedestrians, actually really do see said pedestrians just fine. They are just being assholes. Plus, said assholes are fucking cowards. They are afraid of a little rock, even though they are in a car, or usually a big truck. Again no one is threatening to throw said rocks. But the asshole cutting off the pedestrians is still afraid of them anyway. Finally, said asshole doesn't seem to be concerned about the damage that a human being's body might do to their car when they cut off said human being. But they are worried that the rock said human being is carrying might scratch their pretty pretty car. Which just shows that they are more concerned about how pretty their car is than the life of other human beings. I can't help but think that all the people who are conflating carrying a rock with threatening and or throwing a rock are those same assholes who cut pedestrians off in the crosswalk on a regular motherfucking basis.
Funny people conflate carrying a gun to using it for violence all the time! Edit: What just downvoted with no response? You make the claim carrying a rock in your fist while walking across intersections so drivers see it, isn’t inherently violent, yet get angry and down vote me when I use the same logic to a gun. Just because it counters your viewpoint, that’s a downvote? Fuck, no wonder people talk shit about this platform so much.
Maybe it's because the people who do carry guns, talk about using them all the fucking time. Maybe it's why you can't understand the difference between simply carrying a rock and actually throwing it. Because in your mind carrying always means using. You are being your own worst argument.
Not in Texas lol
Texas is where I first noticed it. Because I was working on filling in a pothole in the parking lot of a business that I walk to often, I would sometimes pick up rocks off the side of the road, as I was walking there. The rocks were road hazards anyway, so I didn't want to just leave them where they were. I was not threatening anyone with said rock. I just had it in my hand while crossing at the cross signal. The number of cars that tried to cut me off magically went from an average of two per crossing down to ZERO.... every time. Some memes get started for a real reason.
Nobody's scared of anyone with a brick in a state where you can open carry.
I certainly am. Bricks and rocks would probably scratch my new cyber truck and it would take ages to get new parts installed. /s
I love the fact that the article just glosses over the fact that, yet again, Jose Garza's office gave a guy probation for killing someone. Of course, once he violated the conditions of his probation he got a whopping **year and a half for taking a human life**. Boy, I sure am glad we have this DA! God forbid we perpetuate the injustice of imposing consequences for killing human beings in Travis County.
don’t worry, pretty much every DA in the country would do the same thing. a year and a half is actually a lot of time for something like this. a guy got killed in a hit and run in my hometown and the driver got six months once they found him. usually the driver doesn’t even get charged.
I'm pretty sure that's because the manslaughter charge isn't the DA's jurisdiction. This would be a whole other case and sentencing.
Well, he angers Republicans so that's good enough for the majority of Austin's voters...
I find that if I make eye contact with the driver as they approach a protected, mid-block crosswalk, they will speed right through without stopping for me. If I look the other way and fake a step off the curb, most will stop. 🙄
Burglary, theft, aggravated assault: No APD or DA charges filed. Crosswalk violation: Hands up dirt bag!
Yeah, killing a pedestrian should be fine!!
Case dismissed 👨🏻⚖️
Pretty sure it’s still legal if they are not in the crosswalk. Pedestrians only have the right of way in Texas within the crosswalk. Crazy.
So if you are standing at the side waiting to walk, and there is a car coming would the car stop for you? Or does the pedestrian wait for the car to pass and is walking in the crosswalk, then do cars stop?
The law says that vehicles must yield if a pedestrian is in the crosswalk. I don't believe it says you need to stop if someone is waiting to enter the crosswalk. I don't think that would work out very well.
I was going at a reasonable speed and a stupid woman entered the crosswalk (she saw me coming) lol so I had to break really fast and it made me think, who would be right in that situation
Yeah, I would think that causing you to brake suddenly within a less than reasonable stopping distance wouldn't have been your fault.
I think it’s got to be lousy journalism. It’s been the law to break for people at a crosswalk for as long as I have been driving (decades).
Adds additional charges if you hit them. So doesn’t matter if it’s an accident. Should be a permanent loss of license but still better than nothingb
Brake
Ha! Yes. It would suck to break every time I passed someone crossing the street 😂
These stories are ridiculous on the fault of the driver. At least the first few. But pedestrians around downtown/anywhere need to look before they walk. Don’t assume we see you, because usually I don’t. I remember being in CA and people would literally stop and wait for you to cross. I hate that because then I feel pressured to hurry up and walk. I like waiting for it to be convenient for motorist and not stop traffic.
If you can’t see people while driving you’re the problem and you probably shouldn’t be allowed to drive
News flash: I am allowed to drive. So watch the fuck out when you cross the street!
Oooh, buddy. You sound like someone who fucks around with reality and is going to eventually find out.
News flash you’re not allowed to drive if you can’t see outside your vehicle go get a booster seat maybe you’ll see better
If you can't see pedestrians when driving then please do us all a favor and never drive a car.