Relating to motor vehicle accidents involving a pedestrian or other vulnerable road user within the area of a crosswalk; creating a criminal offense.
If passed, this legislation would amend existing transport laws to impose stricter standards of accountability on drivers involved in accidents with vulnerable road users at crosswalks. The bill classifies such an offense as a Class A misdemeanor, escalating to a state jail felony if serious bodily injury occurs. The inclusion of affirmative defenses for drivers, specifically relating to violations by the injured party, indicates an awareness of the complexities surrounding pedestrian behavior in crosswalks and offers a measure of protection for drivers under certain circumstances.
House Bill 2081, also known as the Lisa Torry Smith Act, aims to enhance the safety of pedestrians and other vulnerable road users in the vicinity of crosswalks by creating a criminal offense for motor vehicle operators who cause bodily injury in those areas. The bill introduces a new section to the Transportation Code that specifies the conditions under which a driver may be criminally liable, such as operating a vehicle with criminal negligence and resulting in injury to a pedestrian or other vulnerable individuals, which includes those using bicycles, electric scooters, and golf carts.
The general sentiment surrounding HB 2081 appears to be supportive among advocates for pedestrian safety, who view the measure as a necessary step in addressing the rising incidence of vehicle-related injuries and fatalities involving pedestrians. However, concerns may arise regarding the potential implications for drivers and the complexity introduced into current law due to the establishment of precedents for criminal negligence in traffic-related incidents. The bill's proponents underscore the need for greater accountability to motivate careful driving near crosswalks.
Notable points of contention may arise surrounding the enforcement of this bill, particularly in terms of determining what constitutes 'criminal negligence' and how this standard will be applied in real-world scenarios. The legislation's dual focus on protecting both vulnerable road users and providing defenses for drivers suggests a cautious approach, but it also raises questions about the balance between public safety and individual accountability. Critics may argue that the bill does not do enough to further educate both drivers and pedestrians about crosswalk safety.