Wednesday, January 6, 2016
Herndon Bike Fatality Crash Report
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| Sunrise Valley Dr north of Coppermine Road |
The road at the crash location is relatively flat, with two lanes in each direction, and the speed limit is 40 mph. There is also a right turn lane where we think the two cyclists were riding. The crash occurred just after sunset. No charges were filed against the motorist.
We recently obtained a copy of the report of the crash, known as the DMV form FR300P. We are concerned about some of the information contained in the report. According to the report, Andrew was "overtaking on a hill." According to the other cyclist, Andrew was riding beside him and they were talking. There was no "hill" and Andrew was not "overtaking." Because Andrew was talking, the detective working the case determined that Andrew was "Distracted."
More importantly, we are concerned about statements in the crash description, about safety equipment that is not required by law, that imply that Andrew was responsible for the crash. Our comments are in [Bold] within brackets.
This is the Crash Description from the report:
"Driver 2 [Andrew] was riding a bicycle (V2) on Sunrise Valley Drive just north of Coppermine Rd at 8:15 pm. He was initially riding behind another bicycle. At some point near the intersection of Coppermine Rd he rode up next to the other bicyclist and began talking to him (driver distraction - P4). [Since when is "talking" considered a driver distraction. If a motorist is talking to a passenger is that considered "driver distraction?"] At the time of the crash D2 was riding to the left of the second bicycle. Both bicycles were in the right of the two northbound lanes with the second bicycle riding on the concrete of the right curb and V2 in the center right portion of the lane. [We're quite sure there was also a dedicated right turn lane at the location of the crash.]
D2 was not wearing a helmet, bright colored clothing, or reflective clothing and had not applied reflective tape to V2 as recommended by the Virginia DMV. [This language has the effect of blaming the bicyclist for actions that are not required by law. While the bicyclists may not have had lights, streetlights were present and since the crash occurred just after sunset, there should have been some ambient light as well. Nothing was said about what the motorist might have done to cause the crash.]
"Driver 2 (D1) was driving a 2014 Suburban northbound on Sunrise Valley Drive in the right lane. D1 did not see the two bicyclists until just prior to impact. D1 applied brakes, activate [sic] ABS and turned V1 to the left. He struck D2 but not the second bicycle. After impact the operator, Mr. Gooden, was thrown approximately 81 feet from the bicycle and struck the pavement and curb.
"V2 is a Huffy Descent Rally mountain bike. The bicycle is owned by his employer Community Pool Services."
Motorist:
05/28/2008 09:30 AM 048/25 SPEEDIN
02/19/2009 02:00 PM TRESPASS AFTER FORBIDDEN (Original charge: Concealed weapon: Carry)
03/11/2010 09:30 AM FAIL PAY TIME & ATTENTION (Original charge: Fail to obey highway sign)
03/18/2010 09:30 AM RIDING ANIMAL AFTER DARK W/REF (Original charge: 74/55 Speeding) [Interesting plea bargain result.]
05/28/2013 09:30 AM OPER UNINSPECTED VEHICLE
09/29/2015 09:30 AM OPER UNINSPECTED VEHICLE Mark For Payment
The owner of the vehicle has also received numerous citations:
05/28/2008 09:30 AM 048/25 SPEEDIN
02/19/2009 02:00 PM TRESPASS AFTER FORBIDDEN (Original charge: Concealed weapon: Carry)
03/11/2010 09:30 AM FAIL PAY TIME & ATTENTION (Original charge: Fail to obey highway sign)
03/18/2010 09:30 AM RIDING ANIMAL AFTER DARK W/REF (Original charge: 74/55 Speeding) [Interesting plea bargain result.]
05/28/2013 09:30 AM OPER UNINSPECTED VEHICLE
09/29/2015 09:30 AM OPER UNINSPECTED VEHICLE Mark For Payment
Owner of vehicle:
05/06/2009 - 09:30 AM - FAIL PAY TIME AND ATTENTION
05/19/2010 - 09:30 AM - FAIL PAY TIME AND ATTENTION - 48/35
01/25/2013 - 09:30 AM - PUBLIC SWEARING/INTOXICATION
05/14/2014 - 09:30 AM - FAIL TO PAY FULL TIME AND ATTN
03/26/2015 - 09:30 AM - DRUNK IN PUBLIC
03/26/2015 - 09:30 AM - DRIV NOT RPT ACCD; DAMAG <$250
10/21/2015 - 09:30 AM - 57/35 SPEEDING
05/06/2009 - 09:30 AM - FAIL PAY TIME AND ATTENTION
05/19/2010 - 09:30 AM - FAIL PAY TIME AND ATTENTION - 48/35
01/25/2013 - 09:30 AM - PUBLIC SWEARING/INTOXICATION
05/14/2014 - 09:30 AM - FAIL TO PAY FULL TIME AND ATTN
03/26/2015 - 09:30 AM - DRUNK IN PUBLIC
03/26/2015 - 09:30 AM - DRIV NOT RPT ACCD; DAMAG <$250
10/21/2015 - 09:30 AM - 57/35 SPEEDING
Labels: andrew gooden, bike crash, crash report, dmv, fr300
