No charges filed in crash that killed Virginia Beach bicyclist

Keith,
I agree that not every motorist is an evil murderer. I'm a motorist also, and I can appreciate your frustration with cyclists who fail to obey the laws. I get frustrated with the amount of motorists AND cyclists who disobey the traffic laws as if they are just suggestions. I see motorists roll through stop signs all the time. Granted most of the times I witness these blatant acts are when I'm off-duty because I'm not driving a marked police car. On Saturday I witnessed a cyclist pull up on the right of me at a busy intersection, while stopped at a red light, and make a left turn into oncoming traffic... and of course he wasn't wearing a helmet. I just thought, "Buddy... you're living on borrowed time!" Neither side is completely innocent and neither side is completely guilty. And just like I said not every motorist is bad, neither is every cop. Most are just trying to do a job and go home at the end of the day.

Well Nate, you're in law enforcement and you're right about one thing is that I have disdain for the police and have lost all respect for them as they have no respect for the citizens they are supposed to serve and also have very little means to protect. As has happened in Norfolk that ignorance of the law is no excuse except for police officers, sheriff's and the city. In Chesapeake they (LEO's) got one of their own killed for no good reason. As for cyclists, I have disdain for them when they act in a dangerous manner by riding on dangerous roads and assume that everyone who lawfully operates a motor vehicle on the streets is a murderer who purposely is out to kill them when there is an accident and there is no proof that the motorist was negligent. Secondly, there are just as many cyclists out there who run stop signs and violate traffic rules as there are motorists. Neither one is perfect. Third, I believe your case law argument is still baloney. It has nothing to do with a right to bicycle on public roads.

The Driver was in a Ford Explorer - Consumer Guide warns that "outward visibility is hindered some by thick roof pillars.” Further, SUV drivers, being up higher tend to focus further down the road and not on what is directly in front of them.

But there’s something more. Our insatiable need for more oil from the Middle East and the current collapse of the big three US automakers are directly related to people who buy these behemoth fuel guzzling roller prone dangerous SUV trucks. SUV’s owners have caused America to go to war to protect their God given right to pollute the atmosphere more than passenger car drivers and to lead the big three US automakers to believe they could go on in perpetuity making an exorbitant $10,000 per vehicle while ignoring fuel efficient cars that Japan has now surpassed us in making and selling.

Why would anyone want to put their family and other drivers and cyclists more at risk????

She didn’t get “reckless endangerment” nor a “misdemeanor charge” nor “failure to pay full time and attention” nor “failure to yield.” Why in Virginia it’s a misdemeanor offense not to yield to a pedestrian anywhere even without an accident. So what happens if this driver hits another cyclist, same circumstances? Lesson - SUV drivers are superior to lowly cyclists.

Keith, it's called CASE LAW for a reason...

Case law (also known as decisional law or judicial precedent) is the general term for the principles and rules of law set forth in judicial opinions from courts of law.[1] Case law incorporates courts' decisions from individual cases and encompasses courts' interpretations of statutes, constitutional provisions, administrative regulations and, in some cases, law originating solely from the courts. Case law is often published in print law reports or reporters (and increasingly on court websites) to establish precedent - rules to apply in future court decisions dealing with similar situations.

And I do not work for Chesapeake... in fact I don't work for any law enforcement agency in Hampton Roads. It is obvious your disdain for the police is probably equal to or greater than your disdain for cyclists.

Nate: That case has nothing to do with the right to bicycle. That case had to do with juvenile curfews and it pertained to Pennsylvania and their rights to "roam freely" and their lawful associations. I should have known better. You have taken one small paragraph and taken it completely out of context and to make it look like the law of the land. I guess that's why you're a cop. That pretty much how law enforcement does things anyway as the ends to justify the means. You must work for Chesapeake.
This is baloney!

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 roads first started getting paved around 1890 because of lobbying from cyclists who complained about poor road conditions. Automobiles were the newcomers. I think everybody needs to slow down and pay attention. Even if you're stuck behind a cyclist for 5 full minutes, how much time did you really lose? 5 minutes? Is it worth risking someone's life???

"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 (1976)

I was responding to a poster who seems to think it's a good idea to go as slow as you want on a busy highway which, of course, is not a good idea. It's unsafe. I have gotten a ticket for doing just that and was cited for impeding traffic. I'm confused how you concluded that I believe a posted speed limit is the minimum speed to drive. I drive at the posted speed limit everywhere I go and am continually flipped off, cursed at, honked at, yelled at, given dirty looks, and sometimes have to slam on my brakes because some jerk gets angry and passes me only to cut in front of me and slow down suddenly. Imagine what bicyclists have to deal with every day even when they follow every law on the books. The amount of inconsideration, frustration, and rage people display around here is frightening. The thought of riding a bicycle in that environment is terrifying.

Dan did have lights as seen by friends of mine who came upon the scene afterwards an noticed the bike on ground from the blinking red light.

In reply to 94kSoldier [“what are the couple on a bike doing stopped in the middle of the street…?”]: They were paying their respects to the victim, along with about 150 other cyclists, myself included, who took part in that Memorial Ride. Also “in the middle of the street” just out of view, was the rest of Mr. Hersh’s family; for the memorial, they chose to stand at the spot where their beloved son/brother/father lost his life.

With over a hundred cyclists gathered around, that couple (on a tandem) didn’t have many better options. And while it may appear like they are “in the middle of the street,” if you look closer, you’ll notice the captain’s (front rider's) right foot is actually in the road’s shoulder.

Many drivers passed by during the brief event; all of them managed to cautiously and courteously maneuver their vehicles around the Hersh family without incident, nor disdain for what some users here might angrily deem just another “obstacle.” Pay attention, respect the laws, and show a little compassion for your fellow man.

What none of the stories to date has revealed is whether the respective parties in the collision were using their lights at the time of the incident. As a bicyclist and a motorist, I understand the law to require motor vehicle operators to use headlights prior to sunrise and cyclists, a flashing red tail light during the same time period. If either party did not comply, I would say, with a lay person's understanding of the law, that s/he would have been in violation of the motor vehicle code. Whether driving a car or pedaling a bicycle, I do my best to maximize my visibility and to watch out for others. I wish everybody on the roads would do the same.

I really have a hard time with the rancor that some participants in this forum express toward cyclists. Those of us get around on two wheels are saving fossil fuel for everyone and, in so doing, are helping to reduce the cost at the pump. Whether you are riding under your own power or an external engine, a little courtesy goes a long way, and selfishness gets repaid in kind. Look out for the other person and, as Sergeant Esterhaus from "Hill Street Blues" used to caution, "Let's be careful out there!"

Since there have been some references here to " Critical Mass ' and since most would not know what that means check this link to give you an idea of what is being discussed.

http://en.wikipedia.org/wiki/Conflicts_involving_Critical_Mass

" There have been many conflicts during Critical Mass bicycling events. Some have required police presence. Critics claim that Critical Mass, a bicycling advocacy event held primarily in large metropolitan cities, is a deliberate attempt to obstruct traffic and disrupt normal city functions, asserting that individuals taking part refuse to obey traffic laws."

"Because Critical Mass takes place without an official route or sanction, participants in some cities have sometimes practiced a tactic known as "corking" in order to maintain the cohesion of the group. This tactic consists of a few riders blocking traffic from side roads so that the mass can freely proceed through red lights without interruption. "

so far shows that the woman who hit the cyclist didn't do anything wrong. Unless something comes up to discredit her story, I take her at her word that she didn't see him. It's enough to have to look out for fellow motorists these days, throwing bikes into the mix is a recipe for disaster.

I favor bike trails and anything else that will ensure safe cycling. I wish I could ride my bike to get around. But I don't trust that all car drivers will see me. So I use my bike only in my neighborhood, or when I haul it to a location set up for riding. Some locations are mandating bike trails for all new road construction, and that may be a good place to start. But, they do cost to put in!

First and foremost my prayers and sympathy go out to the family of this man.
I've read a good many of the comments here and I am just astound at the attitudes a lot of you people portray. A couple of em really stand out.
Like one posted by this fella, "ralen4" This guy seems to be under the assumption that a posted speed limit is the minimum speed people are to lawfully drive, but on the contrary to his disbelief that is the maximum you are suppose to drive !
And then this guy "Wm D Tabor DDS" You can't make up stories to suit your argument Doc! I also frequently travel that road sir, and your facts are in fact a lie !!!
This girl "LisaD1979" she just flat out scares me. I wouldn't even wanna be in front of her in a tractor trailer.
And the best for last this guy "Polarbear" says "Pick safer route it's that simple. We know we have to share the road but cyclist can be difficult to see safety gear or not." Yep they sure can, when your looking down trying to wrap your lips around a big mac.

Fact is people need to start paying attention weather on a bike or in a car

It is an error in judgment to assume that every person riding a bicycle does it strictly for fitness. There are a number of people that ride as a means of transportation. The issue is not whether or not Shore Drive is a safe place to ride. The issue is with sharing the road, no matter what road it is within reason; clearly the Interstate should not be shared.

Cycling to work, I try and take every back road I can to stay out of the high traffic areas. Believe it or not, there are a lot of people who either cannot afford a vehicle and cycle to work. There are also a number of people who believe in One Less Car. The issue is not always black and white. It requires thoughtful discussion and open minds.

So, to follow this line of reasoning to its logical conclusion it is now legal to run over a cop directing traffic because he or she is in the road and you didn't see him or her? I don't advocate actually hitting anyone, but if not seeing the cyclist wearing the florescent reflective vest and with his taillight blinking is OK then the cop with the little flashlight and vest must also be fair game, right? I mean they are both dressed the same and have the same amount of light, so if you don't see the cyclist how could you possible see the LEO standing in the road?

I fully realize that this is Reductio ad absurdum, and do not under any circumstances advocate in any way harming a LEO directing traffic.

If the rest of the country followed VA Beach's approach, cyclists wouldn't be able to ride and train for events, such as the tour of California, Tour de France or the olympics. (cyclist should stay off the road)

If the rest of the country followed VA Beach's approach, runners wouldn't run and train for events, such as the Boston or New York Marathon. (Runners should only run where there are sidewalks)

If the rest of the country followed VA Beach's approach, triathletes wouldn't bike or run for events, such as the Escape from Alcatraz or Kona Ironman. (Triahtletes should do nothing)

My condolences and sympathies go out to the Hersh family. I share the wishes of both sides of this debate that this never happens again.

However, I do not agree with the "bicyclists are always right and motorists are always wrong" view stated over and over again in this forum.

Every accident does not automatically come with a perfect villain or perfect victim. The call to crucify this woman seems more about the bike/road soapbox than any rational examination of the facts within an "innocent until proven guilty" context.

The accident happened before 6am on a day when the sun rose at 6:25am. By the tragic result, everyone wishes they had done something different but it is possible that the only thing to blame is awful and unpredictable circumstance.

I live on Shore Drive and deal with the bikers and pelotons leaving Final Kick every weekend. I think the road is big enough to share. There is just nowhere I have to go fast enough to unsafely squeeze a bicyclists.

But...heaven forbid, should one biker veer out of the pack into my path, should I automatically be prosecuted simply because I am driving a car?

Thats essentially the argument presented repeatedl

I regret that a man's life was lost to build this debate. I have lived in the Shore Drive corridor since the early 1990's. It has the resort feel yet Shore Drive is not a resort road it is and should remain the major thoroughfare from the bridge tunnel to the oceanfront. Several joggers, bikers, etc have been killed on Shore Drive. There is even a sign up! Common sense should enlighten those wishing to travel in a heavily travelled road. Further the article stated it was 6a.m. The sun was coming up and no doubt could have obscured the cyclist. He should have never been pedalling up a street that is 45 miles / hour and the speed limit on Shore Drive should not change because of this accident. I have been living here and having to deal with the cyclists...not necessarily the deceased we are speaking of....the bicyclists on Saturday morning that run in packs up Shore Drive and Great Neck road as a generality have an arrogance about them. They hog and entire lane. Once I was travelling with a friend and her child and was passing them in the left lane. I tooted ..not honked..just to advise them I was passing on the left and about three of the individuals flipped me and the p

At 0730 this morning I watched a bicyclist run a red light at the intersection of Dam Neck and London Bridge causing cars to brake suddenly. At 0745 this morning I watched a jogger run down Princess Anne Road against traffic...in the road not the sidewalk...causing cars to swerve suddenly. Yesterday morning about 0720 I watched a motorist almost run a bicyclist off the road along Shipp's Corner Road. Yesterday afternoon about 1545 I watched a motorist on I-264 Eastbound swerve from the far left lane, across three lanes of traffic, to exit at the First Colonial Southbound exit causing cars to suddenly brake and swerve. Any one of these incidents could have been tragic. Sadly, I witness incidents of this type almost daily. Yet reading these posts, it seems like the only person at fault is "someone else". I wish we could find that person called "someone else" and get rid of him/her; we'd all be a little safer.