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View Full Version : Looking for bike accident info -- Eisenhower & Mill Rd -- Alexandria



k8atkisson
10-24-2015, 11:10 AM
My dad was hit by a car yesterday (Oct. 23, 2015) around 11 a.m. as he was traveling east down Eisenhower at Mill Rd. He sustained a concussion, had temporary amnesia so he remembers nothing about the accident. But he was charged with the moving violation for failing to maintain line of travel. The behavior cited in the ticket seems pretty atypical for his style of riding so I was hoping someone here might be able to surface a witness to this one. Thanks much!

peterw_diy
10-24-2015, 12:47 PM
That's awful! I hope he recovers fully and quickly.

Am curious - on what basis was the citation issued? Did the police officer witness the incident? Ticket your dad based on the testimony of the motorist???

KLizotte
10-24-2015, 07:18 PM
I would very highly suggest contacting Bruce Deming at 703-528-4669. He is an attorney that specializes in helping cyclists who have been in an accident. He generally works pro bono and is the best attorney for these types of accidents in the area.

www.thebikelawyer.com

Steve O
10-25-2015, 08:52 PM
My dad was hit by a car yesterday (Oct. 23, 2015) moving violation for failing to maintain line of travel.

Does he, by chance, use a GPS device while he rides, like a Garmin? Although it may not be accurate enough evidence to hold up in court, it would be interesting to see what it shows.

AlexandriaBiker
10-25-2015, 10:42 PM
I did not witness the accident but was through that intersection on my bike about 12:15 on Friday and saw nothing unusual. I was heading eastbound and on the multi-use path. Alexandria Police have been ticketing bikers more frequently because of Alexandria residents complaining that bicyclists do not follow the law. This may have been an overzealous police officer ticketing a bicyclist.

Layman's guide to Virginia Bicycle Laws: http://www.virginiadot.org/programs/bk-laws.asp#Where

k8atkisson
10-26-2015, 03:58 PM
Thank you all so much! This has been really helpful.

My dad got the police report today -- taken entirely from the driver's version of events it seems. Scary stuff for sure.

Wear your helmets, hug the cyclists you love, use your Garmin and take a camera. Man!

I'll update to share any useful information I get out of this one.

Steve O
10-26-2015, 04:35 PM
My dad got the police report today -- taken entirely from the driver's version of events it seems. Scary stuff for sure.



Does the report claim that the driver was in the right lane when he struck your father? If so, then the driver was almost certainly in violation of the 3-foot passing law. Looking at the street view, it appears that a car would have to move partially or mostly into the left lane in order to pass a person on a bicycle and maintain at least a 3 foot clearance.

This is the sort of thing that should be discussed with Mr. Deming.

dasgeh
10-27-2015, 09:05 AM
On the topic of cameras, the Fly 6 (https://cycliq.com/)is getting good reviews on the Women & Bicycles group...

Crickey7
10-27-2015, 09:08 AM
Dad must have a birthday coming up soon. Good cameras can now be had for a little over a hundred bucks.

Subby
10-27-2015, 09:43 AM
On the topic of cameras, the Fly 6 (https://cycliq.com/)is getting good reviews on the Women & Bicycles group...
Thanks for the recommendation - I just picked one up at Competitive Cyclist - they are running a 20% off sale, so it was about $140 with free shipping and tax.

AFHokie
10-27-2015, 12:53 PM
On the topic of cameras, the Fly 6 (https://cycliq.com/)is getting good reviews on the Women & Bicycles group...
Downside of the Fly 6 is it's only designed mounting position is the seat post. If you ride with a rack bag or a larger seat bag you're out of luck.

Crickey7
10-27-2015, 01:02 PM
I debated the front facing versus rearward facing. For myself, I decided that rear impacts were less common, and even there a front facing camera will establish your relative fault insofar as charges of irregular and unpredictable cycling, "coming out of nowhere", etc. are made. I'm more concerned about red light runners, those who cruise stop signs, and those who change lanes into mine without checking. For that, a front facing camera seems better.

AlexandriaBiker
11-10-2015, 12:25 AM
Looking for any update on the status of your dad and the possibility of fighting the ticket?



My dad was hit by a car yesterday (Oct. 23, 2015) around 11 a.m. as he was traveling east down Eisenhower at Mill Rd. He sustained a concussion, had temporary amnesia so he remembers nothing about the accident. But he was charged with the moving violation for failing to maintain line of travel. The behavior cited in the ticket seems pretty atypical for his style of riding so I was hoping someone here might be able to surface a witness to this one. Thanks much!

scorchedearth
12-07-2015, 08:11 AM
Looking for any update on the status of your dad and the possibility of fighting the ticket?

I find it especially interesting that the APD repeatedly tell us that they can't enforce violations of traffic laws (3 foot passing, aggressive driving) without witnessing said infraction yet in this case, the officer took eyewitness testimony from a single eyewitness to write a ticket.

peterw_diy
12-07-2015, 09:08 AM
I find it especially interesting that the APD repeatedly tell us that they can't enforce violations of traffic laws (3 foot passing, aggressive driving) without witnessing said infraction yet in this case, the officer took eyewitness testimony from a single eyewitness to write a ticket.

I would not call the person operating the car an "eyewitness". It seems all too plausible he was distracted and it was precisely his NOT watching what was around him that led to the crash. An eyewitness would be a disinterested third party, and from what I've read here, the police did not have one, did not witness the crash, but issued a citation anyway.

mstone
12-07-2015, 09:17 AM
I would not call the person operating the car an "eyewitness". It seems all too plausible he was distracted and it was precisely his NOT watching what was around him that led to the crash. An eyewitness would be a disinterested third party

Current research suggests that all eyewitness testimony is useless, so taking any action without video is basically making stuff up.

scorchedearth
12-07-2015, 09:32 AM
Current research suggests that all eyewitness testimony is useless, so taking any action without video is basically making stuff up.

The irony of your statement above is that the APD won't even take video footage as evidence of negligent driving.

I have a colleague who submitted video of an egregious driving violation (passing too closely) while she was riding her bike and the APD issued their usual refrain,"We can't do anything."

mstone
12-07-2015, 09:54 AM
The irony of your statement above is that the APD won't even take video footage as evidence of negligent driving.

I have a colleague who submitted video of an egregious driving violation (passing too closely) while she was riding her bike and the APD issued their usual refrain,"We can't do anything."

Oh, I'm not making an assertion about whether APD has a stupid policy, just commenting on the futility of defining a "good" eyewitness.

scorchedearth
12-07-2015, 10:05 AM
Oh, I'm not making an assertion about whether APD has a stupid policy, just commenting on the futility of defining a "good" eyewitness.

I am not trying to put words in your mouth at all. If that is how it sounded, then I apologize.

I wanted to point out how the police cannot get their stories straight.

lordofthemark
12-07-2015, 10:41 AM
If reporting specific dangerous passes to APD is not working, I would suggest using Call.Click.Connect to report locations where more enforcement is needed. That is (allegedly) the basis they used for the enforcement on Union Street.

DrP
12-09-2015, 09:14 AM
I find it especially interesting that the APD repeatedly tell us that they can't enforce violations of traffic laws (3 foot passing, aggressive driving) without witnessing said infraction yet in this case, the officer took eyewitness testimony from a single eyewitness to write a ticket.

In reporting the car portion of folks driving over my lawn (http://bikearlingtonforum.com/showthread.php?9641-Bad-cyclist-yards-are-not-for-riding-on&p=129337#post129337), I was told by the Arlington Co. Police officer that what the driver did was reckless driving, he could not ticket because he did not witness - it is the type of offense that needs a witness - however, a witness could go to the magistrate to swear that so-and-so was driving the vehicle and the vehicle did X. Then action could be taken against the driver. The police would help with locating the person (since we had a license plate number). Could this also be done with the 3 ft rule? If you had a way to locate the driver (license plate) and recall seeing the driver (perhaps all from a movie), then perhaps this is a way to actually have offenders fined.