As the Pilot Online reports, a bicyclist was killed on Shore Dr. in Virginia Beach on the morning of April 19. Daniel Wayne Hersh was headed east on Shore Dr. near Starfish Rd. when he was struck by the right side of a Ford Explorer, also headed east (ie, sideswiped). No charges were filed against the driver of the Explorer.
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.
There will be a Daniel Hersh Memorial Ride on Sunday, April 26, 8am, at Conte’s Bicycles on Laskin Road in Virginia Beach. Cyclists are requested to wear black or white. A ghost bike will be placed on Shore Drive in memory of Daniel Hersh.
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I am avid road cyclist who rides as prescribed by the Virginia Code. Nonetheless, I am often confronted by angry drives that believe I have no right to the road. Driver’s education is the only way to end this misconception. In acknowledgment of Daniel Hersh rights, the Virginia Bicycling Federation and TBA has the obligation file suit against the City of Virginia Beach with the intent of requiring the City to post traffic signs (at the same frequency as speed limit postings) stating that under Virginia law bicycles are vehicles with equal right to the road. A high cost to the City – yes, but far cheaper than the dedicated bike lanes provided in bike friendly cities.