Kimberly Viator Killed in Port Arthur Hit-and-Run Accident
DeKobi LeRay Fisher arrested and charged with collision involving death following the Aug. 9 crash
Kimberly Kay Viator, 64, was killed in a hit-and-run crash on Gulfway Drive on Aug. 9, according to the Port Arthur Police Department.
DeKobi LeRay Fisher, 45, of Orange, was arrested Thursday morning at a local job site on a warrant charging him with collision involving death. He had not been arraigned and no bond was set as of Thursday.
The pedestrian was struck by a vehicle around 9:30 p.m. in the 5300 block of the road. The driver fled the scene without rendering aid. Paramedics transported Viator to a nearby hospital. She later died from her injuries.
Investigators identified the suspect vehicle and driver using surveillance video and license-plate reader technology.
The crash remains under investigation.
According to the National Highway Traffic Safety Administration, 338 fatal hit-and-run crashes occurred in Texas in 2023.
The sudden loss of a loved one in a hit-and-run leaves families grappling with deep grief and unanswered questions. While the criminal justice system pursues accountability for the driver who fled, civil avenues offer a separate path for justice.
Candice Bond, managing partner at Bond Legal, said, "Delayed identification efforts can stretch investigations into weeks or months, leaving injured survivors and grieving relatives without answers during an already painful recovery period. Partial license plates, vague descriptions, and limited camera coverage complicate efforts to track down a long departed driver."
"An attorney coordinates closely with investigators, reviews available leads, and pushes for continued momentum until answers finally emerge," added Bond, who is also a national legal analyst for Accident News.
How did license-plate readers help solve the Gulfway Drive crash?
In this case, Port Arthur investigators use surveillance footage and automated readers to track the suspect's movements after the collision. Technology plays an increasingly vital role in identifying drivers who flee.
What are the legal options for families of hit-and-run victims in Texas?
When a driver is identified and charged, the family of the deceased can initiate a wrongful death claim against the at-fault drivers's insurance. Individuals involved in hit-and-run incidents may have legal options.
Texas wrongful death statute
Under Tex. Civ. Prac. & Rem. Code § 71.001, surviving family members may file a wrongful death action. Texas applies modified comparative fault (51% bar). The statute of limitations is 2 years.
Recoverable damages may include loss of financial support, loss of companionship and consortium, funeral expenses, and mental anguish.
"Surveillance video from nearby businesses frequently offers vital clues following fatal hit and run collisions. Investigators systematically gather security footage, traffic camera recordings, and license plate reader data along escape routes," said Stefano Formica, of counsel at Bond Legal.
Formica, who is also a national legal analyst for Accident News, noted, "A legal team supports affected families by securing digital media, communicating with law enforcement, and reviewing insurance options."