Monday, April 27, 2009
 

Virginia Beach bicyclists ride in honor of fallen cyclist

On April 19 Daniel Hersh was struck and killed while riding on Shore Drive in Virginia Beach. No charges have been filed against the motorist, who was overtaking the cyclist when he was hit. The crash is still being investigated. As noted by Virginia Bicycling Federation, "Under Virginia law, a driver of an overtaking vehicle must wait until it is safe to pass, then pass with at least 2 feet of clearance. Bicycles are vehicles under Virginia law."

On Sunday over 100 bicyclist rode in honor of the fallen cyclist:
More than 100 bicyclists took to the streets Sunday to call attention to bicycle road safety and to memorialize Hersh, 54, who was hit while on one of his regular early Sunday morning rides.

On a sunny spring day, the group took to some of the city's biggest, busiest roads - Virginia Beach Boulevard, Independence Boulevard and Shore Drive - to demonstrate that bicyclists ride on the same roads and under the same rules as cars and they expect the same justice, according to ride organizer Wes Cheney.
A white "ghost bike" was placed near the site of the crash.

Virginia Bicycling Federation has established the Daniel Wayne Hersh Memorial Fund dedicated to bicycling education.
Gregory and Stephen Hersh, the sons of the late Dan Hersh, have designated the Virginia Bicycling Federation as the recipient of memorial donations honoring their late father. VBF will dedicate these funds for bicycling education initiatives within Virginia–targeting motorists, law enforcement personnel, and/or bicyclists–with the goal of decreasing the incidence of future bicycling tragedies within our state.

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Comments:
When elected and after confirmation of the evidence as it has been reported, I will bring reckless driving charges against the driver.

The legislature has determined that reckless driving that directly and proximately results in the death of another is a Class 6 felony punishable by 1 year to 5 years in prison. Or in the Court´s or jury´s discretion, the penalty may be reduced to a period of incarceration in jail.

Please contact me through the website below to find out how you may help.

Mark Hardman
www.markhardman09.com
 
The above post contains an incorrect paragraph. For it to apply, it must be shown that the driver did not hold a license. There is no evidence to indicate this.

¨The legislature has determined that reckless driving that directly and proximately results in the death of another is a Class 6 felony punishable by 1 year to 5 years in prison. Or in the Court´s or jury´s discretion, the penalty may be reduced to a period of incarceration in jail.¨
 
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