A pedestrian was killed after being struck while crossing Gulfway Drive in Port Arthur, Texas, according to Port Arthur police. Police identified the woman as Kimberly Viator, 64. Police said the collision occurred at about 9:30 p.m. on Sunday, Aug. 9, in the 5300–5400 block of Gulfway Drive. A witness called authorities and remained at the scene to provide aid until paramedics arrived. Viator was transported to The Medical Center of Southeast Texas, where she died. More than two weeks later, police arrested DeKobi LeRay Fisher, 45, of Orange, in Port Arthur. He was charged with collision involving death, and police said he was taken to the Jefferson County Jail. The reported charge is an allegation, and the investigation and legal process will determine the evidence and any responsibility. What Makes This Incident Different This reported incident involves a pedestrian death and an allegation that the driver left the crash location. Those circumstances can make a collision investigation especially time-sensitive. When a person is walking across a roadway, investigators may need to reconstruct events using information from witnesses, physical evidence, and available video rather than relying solely on statements made immediately after the crash. Port Arthur police said surveillance footage and nearby Flock cameras provided information that aided their investigation. Police also credited assistance from community members. Those reported sources of information may be important because video and electronic data can help establish a sequence of events, but the evidence will determine what occurred. The reported response by a witness is also significant. Police said a witness called and stayed to render aid before paramedics arrived. Witness observations may help clarify what the person saw, heard, or did in the period surrounding the collision. Questions Investigators May Examine Investigators may examine conditional questions such as: - What can surveillance footage or nearby camera images show about the collision and the events afterward? - What did the witness who called police observe before and after Viator was struck? - Can physical evidence from the roadway, clothing, or a vehicle help clarify the sequence of events? - What information may be available from emergency-dispatch communications, responding officers, and medical transport records? - What steps were taken after the collision, and what do the available records show about those steps? These are not conclusions about fault. Police have reported an arrest and charge, but a criminal charge does not by itself resolve every factual issue or determine civil liability. Evidence That May Need to Be Preserved In a fatal pedestrian-collision case, families and their representatives may wish to act quickly to preserve information that could later be difficult to obtain. Depending on the circumstances, potentially relevant material may include: - Surveillance recordings from nearby businesses, homes, or other locations along Gulfway Drive - Video or image data from nearby Flock cameras, if available through the appropriate legal process - The 911 call, dispatch logs, officer reports, and records documenting the emergency response - Statements and contact information for the witness who remained at the scene and other potential witnesses - Photographs, measurements, roadway documentation, and other collision-scene records - Vehicle inspection records, photographs, and any electronic information that may be available from an involved vehicle - Medical, ambulance, and hospital records connected to the injuries and treatment - Documentation of funeral costs, lost financial support, and other losses that may be relevant to a civil claim Some evidence may be held by government agencies, private businesses, or individuals. A prompt written preservation request can be important where recordings or electronic data may be routinely overwritten. What Families Should Know Texas law may allow certain surviving family members to pursue a wrongful-death claim after a person dies because of another party’s alleged wrongful conduct. A related survival claim may also be available through the estate for certain losses experienced by the person before death. Which claims may apply depends on the evidence, the family relationship, the estate, insurance coverage, and other case-specific facts. A criminal case and a civil injury or wrongful-death claim are separate matters. Authorities may pursue criminal allegations under their own standards and procedures, while a family may have civil questions concerning accountability and financial losses. The outcome of one process does not automatically decide the other. Deadlines matter. In Texas, wrongful-death and survival claims generally have a two-year filing deadline, though exceptions and special rules can affect the time available. Families should obtain individualized legal advice as soon as practical rather than waiting for an investigation or criminal case to conclude. How Dunk Law Can Help Dunk Law can help families after a fatal Texas pedestrian collision assess potential wrongful-death and survival claims, identify sources of insurance coverage, and take steps to request preservation of video, witness information, collision documentation, and other relevant records. Our attorneys can also explain how a civil claim may proceed while authorities continue their investigation or while criminal allegations are pending. For families dealing with the death of a loved one in a Port Arthur crash, Dunk Law can provide a focused review of the reported circumstances and discuss the next legal steps with care and clarity. Related Dunk Law Resources - All practice areas This post is based on publicly available news reports and is provided for general information only. It is not legal advice.