‘No-tolerance jaywalking’ policy a response to Fort Smith pedestrian deaths

With yet another pedestrian hit and killed in Fort Smith by a vehicle, Fort Smith Police Chief Danny Baker issued a public statement Monday (Dec. 9) saying the department is “adopting a no-tolerance policy on jaywalking.”

On Dec. 7, a person was hit and killed by a vehicle at 4500 Towson Ave., making the person the 75th person in 2024 to be hit by a vehicle, and the third to be killed.

“Each number in this growing tally represents a life altered or a life lost—a family grieving, a community shaken, injuries that may follow the surviving victims for the rest of their lives,” Baker noted in his statement. “As Chief, I must not only acknowledge this unacceptable reality but act decisively to change it.”

Baker in his statement outlined several actions the department has engaged to reduce the number of pedestrian-vehicle accidents, including education programs with the Fort Smith Public School District, creation of a special traffic unit with eight officers, and a public awareness campaign. But with the recent death, Baker said another action is necessary.

“Today, we are taking another decisive step: adopting a no-tolerance policy on jaywalking, particularly on our busiest streets and roads. This is not about punishment; it is about prevention,” Baker noted. “Jaywalking is a crime because it endangers lives, and enforcing this law is essential to protecting both pedestrians and drivers.”

According to Baker, jaywalking has contributed to an almost 35% increase in pedestrian collisions between 2023 and 2024. The FSPD said examples of jaywalking include “crossing the street without using a crosswalk, disregarding walk signals, dashing across the street against a red light, and meandering across a busy road instead of waiting at a crosswalk.”

The FSPD reports that a jaywalking ticket can cost up to $140 – $75 for a fine and $65 for a court fee.

“Contrary to popular opinion, pedestrians do not have the right-of-way outside of a crosswalk. Under Arkansas law §27-51-1204, pedestrians crossing at other than crosswalks must yield the right-of-way to vehicles, and crossing between adjacent intersections with traffic control signals is prohibited except in marked crosswalks,” according to Baker.

In a separate statement provided to Talk Business & Politics, Baker also noted several Fort Smith infrastructure improvements – over which the FSPD has no authority – that could help reduce pedestrian deaths. Those include:

• “Anything we can do to improve our trail systems and carve out dedicated passageways for pedestrians, which includes bike lanes on our streets, sidewalks, and pedestrian tunnels or overpasses, will significantly improve safety.”

• “Something must be done to divert truck and commuter traffic away from Garrison Avenue and the downtown district. Property owners have for many years been trying to create a walkable space downtown and the amount of traffic crossing the Garrison Bridge makes that a very untenable situation for pedestrians.”

• “I think improvements can be made with better technology” with traffic control lights.

• “Lighting around the city is insufficient in many areas.  We need better nighttime illumination at busy intersections.”

• “Reduced speed limits on certain streets/highways. Towson Avenue is 40 mph in certain places. A pedestrian will not survive a 40mph impact from a vehicle.”

• “More designated crosswalks and maintenance of existing crosswalks.”

“Jaywalking is a crime because it endangers lives, and enforcing this law is essential to protecting both pedestrians and drivers. The pain of these losses weighs heavily on all of us, but we must channel that pain into action. We must demand safer roads, safer behaviors, and a shared commitment to protecting the lives of everyone in Fort Smith,” Baker wrote.