The Virginian-Pilot
©
VIRGINIA BEACH
A man struck and killed Sunday while pedaling along Shore Drive was a former Navy SEAL and longtime bicyclist who less than a year ago had been hit by a car and injured, his sons said Thursday.
Daniel Wayne Hersh, 54, was killed while riding the sky-blue Raleigh road bike that he'd ridden for three decades, including on a trip to Miami, said his oldest son, Greg.
Hersh rode 20 to 30 miles a day, including to and from his workplace on General Booth Boulevard, and was on a 30-to-40-mile ride when he was hit from behind in the Sunday morning twilight along Shore Drive, his son said.
"He was very wary of that, especially on Shore Drive, because people just kind of fly," Greg Hersh said of his father, who was a civil engineer. "They don't really respect any kind of distance between the car and him."
Daniel Hersh was the second bicyclist to be killed on a Virginia Beach roadway in a year. In May, Kenneth Craver was struck and killed on Witchduck Road. In that case, the driver wasn't charged, because investigators determined Craver veered into the vehicle's path, Commonwealth's Attorney Harvey Bryant said.
No decision has been made regarding charges against the driver who struck Hersh, Bryant said.
That has frustrated some, including Wes Cheney, 35, of Norfolk. He wrote a letter to Bryant imploring him to charge the driver.
"At a minimum," Cheney wrote, "Daniel Hersh's killer should be stripped of her driver's license. In the absence of alcohol or excessive speed, charges have not been filed against drivers who maim or kill cyclists and pedestrians in Virginia Beach. This must stop.
"Regardless of whether the victim was riding a bicycle, a motorcycle or a passenger in an automobile, their killer must be held accountable."
Sixteen crashes this year have involved bicycles and motor vehicles, Beach police spokesman Adam Bernstein said. Last year, 132 cases were investigated, he said. No breakdown of data involving the number of charges filed in those crashes was available.
Bryant, the commonwealth's attorney, said several factors are involved in deciding whether to file charges. They include witnesses and evidence at the scene that show the driver intentionally struck the bicyclist or was negligent, callous or reckless.
"The sole fact that somebody got killed does not mean there is a prosecutable criminal case," he said.
Hersh's ex-wife, Barbara Hersh, said investigators told her that the Ford Explorer rammed directly into the rear of his bicycle. Police told her it wasn't clear whether the driver was at fault or if Hersh swerved into the lane, possibly to avoid debris in the road, she said.
The crash was a scenario that Daniel Hersh worried about, especially after he escaped serious injury in a crash one rainy day last summer, his sons said. While pedaling along Pleasure House Road, a vehicle abruptly turned, and the cyclist slammed into the passenger side, Greg Hersh said. The impact sent him across the pavement, leaving him with scrapes and bruises.
"That shook him up to the point where he didn't ride for a while," Greg Hersh said.
When Daniel Hersh resumed riding, he always wore a helmet and reflective belt, Greg Hersh said. He was wearing both on Sunday.
Shawn Day, (757) 222-5131, shawn.day@pilotonline.com
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Perhaps Virginia needs some laws to support bicyclists
After reading a few comments here that suggest that bicyclists may pay less in taxes than motorists, and therefore have a lesser right to life and safety (an argument that conveniently leaves out those of who are both bicyclists and motorists), I would recommend that you get yourselves some laws that codify bicyclist's rights and responsibilities on the roadway. We bicyclists in Massachusetts have such laws, one of which expressly states, "Every person operating a bicycle upon a way ... shall have the right to use all public ways in the Commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the Commonwealth ..." More at http://www.massbike.org/bikelaw/mass.htm and http://www.mass.gov/legis/bills/senate/185/st02/st02573.htm
Unlikely it was the bicyclist's fault
I find it highly unlikely, given Mr. Hersch's decades of bicycle commuting experience, that if he swerved to avoid debris in the roadway, he would have moved so far to the left as to put himself in the path of a vehicle. It's much more likely that the driver didn't see him or didn't register his presence mentally.
Considerate drivers
Some inferred the inconsiderate or distracted driver was the motorized vehicle. Perhaps the bicyclist WAS normally considerate and attentive and responsible, but swerved to avoid a turtle, some gravel or his cell phone rang or a bug flew up his nose. Nobody knows. It was pre-dawn and those little reflectors, bright clothes and tape on helmets & clothes only help so much. INABILITY to see a reflector isn't necessarily negligence or manslaughter or even inconsideration. Police did a full investigation, including cell records. It is a horrible, regrettable tragedy for all, but accidents happen. And when they do, I'd rather not be on a bike but we all make adult decisions & weigh risks. Back to considerate drivers: I've seen bicyclists ride like pack wolves -- 4 people wide on unforgiving, curving roads with deep ditches. Several stopped in the middle of the road on a blind curve at Triple R Ranch. I've also been slammed in a small car by a dump truck driver who switched lanes when I was next to her & 'didn't see me' in clear broad daylight in moderate I-64 traffic. And some SUV drivers can be the bane to any pleasant commute. That doesn't make all motorcycle/bike/SUV/dump truck drive
nate
Nate: Point taken. So why couldn't that ruling be applied to motor vehicles provided they didn't interfere with the personal liberty of others. A bicycle can do much damage to a pedestrian. Apparently we agree about a cyclist driving test and also a license to do so. My view is that operation of a vehicle (bicycle, motor vehicle, farm equipment) is a privilege. Bicyclists should be required to carry insurance in case an arrogant ExitRampAhead happens to assume the traffic rules don't apply to him and he slams into the side of a vehicle or his spandex gets too tight for him to pay attention. As for taxes: I pay p/p taxes, title, etc... for the privilege to drive on public roads even though I own it, and am required to maintain it. Why is unfair for a bicyclist to be expected to incur the same costs for the same privilege to drive on public roads like a motorist does?
Lights, signals are good.
Ackra, I'm glad your signals saved your life. I'm curious... was it day or night?
I've noticed that many cyclists go to great lengths to be seen. Flashing lights front and rear, reflective gear, and of course... the bright-colored spandex clothing that seems to annoy some folks. Another way to be seen is attitude. I made it a point to make eye-contact, take an aggressive stance, never stop pedaling (if a car driver sees your feet stop they think you are stopping). I would also shout if necessary. I had to do that to protect my life. And if I got hit, my policy was: "YOU BREAK MY BIKE YOU DRIVE ME HOME." If the car driver objected, then I offered to call the police. That would shut them up, because they knew they were at fault.
Keith, nobody gets your point.
Keith, have you counted how many times you have told someone they "don't get the point?" Did it occur to you that since NOBODY gets YOUR point, perhaps you don't have a point? I bet you DONT GET THAT POINT!
The 14th Amendment
The Constitutional Right to Ride
"The rights of locomotion, freedom of movement, to go where one pleases, and to use the public streets in a way that does not interfere with the personal liberty of others are basic values 'implicit in the concept of ordered liberty' protected by the due process clause of the fourteenth amendment."
Bykofsky v. Borough of Middletown, United States
District Court, M.D. Pennsylvania (1976)
Keith, I don't disagree that some cyclists ride like they own the road. I refuse to do a lot of group rides because of some of the behavior I've seen. Perhaps cyclists SHOULD have to pass a driving test, to prove that they know the rules of the road (i.e. stopping at stop signs, right-of-way, etc).
My point is that Daniel Hersh had every RIGHT to ride on Shore drive. Whether or not it was a safe thing to do is a moot point. Taxes to repair the roads come from income, sales, and property tax. I paid more in sales tax on my last bike than I pay annually on my car in property tax. So plenty of my taxes go to road repair and maintenance. The license thing I can get... the taxes thing I don't. But I don't think I should have to pay taxes on property tha
Nate, you don't pay license & taxes on your bike.
Well Nate, since you are a cop, I wouldn't expect you to get the point either so I won't bother with you either. However, I was wondering if you could quote where you get the idea that a bicyclist has a constitutional right to the road. I can't find any such provision in the Virginia Constitution and I don't remember seeing it addressed in the U. S. Constitution. If a bicycle is considered to be a vehicle to be used on the public roads, then they too should be licensed, TAXED and insured. It still amazes me that bicyclists get on dangerous roads (roads they shouldn't be on in the first place) and then complain when they get hurt.
Public Roads
"Public Roads" are roads built for use by the public. Your "Motor Vehicle License" is granted to you as a permit to use an inherently dangerous device on our public roads. At such time as you demonstrate that you are incapable of using your motor vehicle on the public roads safely, your permit to carry a motor vehicle license can and should be suspended or revoked. Certain roadways are restricted by code to certain types of vehicles; descriptions of restricted vehicles are posted at their entrances. All other roadways are 'free access' unless otherwise posted. Any denial of free access must be suitably justified and balanced by providing a non-inferior alternative. Expect bikes. We will not cower.
Cyclists DO pay taxes... just as much as anyone else...
This is my argument (based on fact) that I use to debate individuals who think cyclists don't pay taxes.
"Did you know that bicyclists actually have more rights than motorists? A bicyclist has a right to the road under the constitutional right to travel. On the other hand, driving a vehicle is a privilege granted only by a license. The next time that someone tells you that bicyclists don't pay their fair share for road upkeep, remind them of that and of the fact that most funding for road paving and upkeep comes from sales, property, and income taxes--not gas tax."
Last time I checked, my wife and I own two vehicles, a house, and we are both employed. If you think I don't pay taxes because I'm a cyclist, I'll be glad to show you my W-2 (which doesn't include all the sales tax I pay).
I was struck by an elderly motorist (83) last fall who claimed that he never saw me on a deserted country road. I broke 3 vertebrae and a couple ribs. I am a police officer, so I'm still working on returning to full duty. As a police officer AND a cyclist, I'm well aware of the traffic laws (and what I pay annually to the government in taxes).