The incident happened on north of Dallas when 31-year-old Margarita Huerta ran out of gas and left her two children in the vehicle while she went for help.

Huerta, who remains jail, says she tried several times to wave down drivers, but after no one stopped to help, she says she told her five-year-old daughter and ten-month-old son to stay in the car while she went to a nearby store to get help.

Huerta says when she returned from the store she found that her 5-year-old daughter had left the vehicle and crossed over the freeway.

She is charged with child endangerment.