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UPDATED: Serious Motorcycle Accident on I-395

by ARLnow.com | June 4, 2012 at 5:17 pm | 9,920 views | 147 Comments

The HOV lanes of I-395 have been shut down near the Glebe Road exit due to a serious accident involving a motorcycle.

Initial reports indicate the accident happened when a vehicle ran into a motorcycle. The motorcyclist is being treated for critical injuries and will be transported to a local trauma center via ambulance, according to Arlington County Police spokesman Dustin Sternbeck.

All HOV traffic is being diverted onto the main southbound lanes of I-395. Southbound backups extend to the 14th Street Bridge.

Update at 2:45 p.m. on 6/5/12 — An update, per Sternbeck: “The driver was charged on scene by Virginia State Police with Reckless Driving and violation of HOV-3. As for the condition of the motorcyclist, he suffered significant injuries but is expected to survive.”

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  • Tabby_TwoTone

    I hope that he or she survives.

  • @BrianKal

    5:25pm — traffic cams show all lanes literally just reopened

  • Traffic Hater

    This picture sums up DC area drivers! Look at all the unnecessary rubbernecking going on, on the northbound lanes!

    • CourthouseChris

      And this phenomenon is somehow unique to DC-area drivers?

    • @BrianKal

      actually, one lane was blocked NB, clearly visable in the pic too

    • arlcyclist

      I don’t think I’ve been anywhere in the country where people don’t rubberneck.

  • Beth Hill

    Traffic flow stop HOV, however they were rerouting to regular lanes. Yes rubberneckers, this was horrible. As a rider, bike was in pieces. My prayers to the driver.

  • just the facts

    North bound lanes usually jammed at evening rush hour, so nothing new.

  • MM

    we were right behind him by 3 cars…he was changing lanes from fast lane to slow lane at the same time a car was sneaking onto the HOV lanes through a little break in the jersey wall that’s just designated for police. He then T-boned the HOV violator and did several kart wheels through the air. We ran up to him and his foot was turned around, his leg broken [probably both] his pants were torn off in some areas and his right butt had some trauma, his chest had trauma and he had some rather severe face trauma. Its tragic to blend highway speeds and assh***s who dont care. I pray for him and his family.

    • Autoexec.bat

      Wow, I’ve never heard of anyone actually trying to drive through those little breaks in the wall. Hope they throw the book at the guy (or gal).

      • http://cache.ohinternet.com/images/2/24/I_see_what_you_did_there_super.jpg BoredHouseWife

        I have been seeing people use those openings as of late. I hope he makes it.

    • CJ

      I was in the car directly behind the motorcycle and yes he was in very bad shape when I got to him. He had compound fractures of both legs, his jaw was broken and his lip was split down to his chin. The absolute worst part is the lady in the Lexus that caused the accident by trying to sneak into the HOV, NEVER GOT OUT OF HER CAR. Her passenger got out of the car and just sat on the jersey barrier on the opposite side of the HOV. Neither one of them had any concern for the man they just critically injured.

      The motorcyclist was an older gentleman and he was in really bad shape. When the paramedics arrived they basically said “we are gonna load him and go as fast as possible”. I hope he survived, if he did he has a very long road to recovery in front of him.

      I hope the female driver of the green Lexus goes to prison.

      • CrystalMikey

        Wow…throw the book at that driver for sure!

      • Bluemontsince1961

        Agreed. Sounds like her and her passenger were more ticked off at being “inconvenienced” than giving a rip that they hit someone and severely injured them. To say nothing of her trying to sneak into the HOV like she was some sort of privileged “B” that thinks the law applies only to her “inferiors”, whereas for her, the law is merely a suggestion. Make her take responsibility and pay for medical and hospital bills of the person she injured – and suspend her license for a couple of years.

      • mick way

        Ooof. As a cyclist this is gut wrenching but I’m curious if you noticed if the rider was wearing a full-face helmet or not. Just trying to compile anecdotal evidence of the real-world protection of them.

        • RN

          No he was not. Not to say anything bad about the ride because I am one myself, but he was wearing minimal gear, chaps, thin coat be it a orange one and I thing thin gloves. I hope and pray that he made it and they throw the book at her.

          • Tabs

            No helmet at all?

          • mick way

            No, he means no full-face helmet, the ones with the chin bar. It might have prevented his busted jaw.

        • D’oh

          This is why you go with a full-face helmet everytime: There’s nearly a 50% chance of your chin or face taking the primary impact in an accident. These areas are only protected with a full helmet.

          http://dontai.com/wp/2010/05/20/motorcycle-helmet-impact-zones/
          Helmet crash zones. Source: Dietmar Otte, Medizinische Hochschule Hannover, Abteilung Verkehrsunfallforschung, Germany

          • D’oh

            Also full safety gear, including armored pants. You can get really well-vented kevlar suits.

      • CW

        The paramedics…what about the police? Was the driver arrested? Given that response of not doing anything, she either really just didn’t care or was an attorney. Sad thing is probably the worst they will give her is something like failure to obey traffic control device or something.

      • http://cache.ohinternet.com/images/2/24/I_see_what_you_did_there_super.jpg BoredHouseWife

        stereotypical of Lexus Drivers. I think they froze in panic.

        • Grant M.

          the driver is a low life criminal with a driving record that would land anyone in jail! she was reportedly driving on a suspended lic!

      • betty jean

        he survived!!! he’s home and recovering. moving his arms, and legs, talking, no brain damage. He’s well on the road to full recovery ( if no further set backs). Your prayers were answered. ironiclly he’s a minister!!

  • PK

    Exactly CL, I was with the people trying to help him. As we were all bending down making sure he didn’t move the gentleman that was with the girl in the Lexus was on his cell hovering over us talking to someone in tone that was not concerning, he sounded actually pissed. I stood up to go check the bike riders saddle bags for his ID and the guy just walked away and then stood by the idiot drivers car. They both looked inconvenienced and showed no emotion of what they just caused. I hope to god the bike rider is ok and that she get what is deserved….

  • citizen

    Wow on two fronts – that arlnow has become such a go-to source for news like this and two people in the immediate vicinity were able to post here —- and the shocking disgraceful excuse for humanity that caused this accident.

  • Ann-Marie

    Does anyone know how the motorcyclist is doing?

  • Resident

    Deep breathe everyone… could be the driver and the passenger were both overwhelmed by what had happened and what they had caused. People respond to situations differently and they may very well have been in shock, not knowing what to do or how to wrap their brains around it. The guy appearing “pissed” might be that he was “pissed” about the decision to make the change… he might have been in the car saying do not do that to the driver… and is pissed about that… or maybe he was the one that said why don’t you just hop over there so we can make it to the appointment… and feels tremendous guilt over encouraging the change to the HOV and is pissed at himself.

    Horrible, horrible, horrible on all accounts and should be held responsible for actions for sure. No reason to believe that they wanted to hurt anyone. More likely they were just overwhelmed and confused over the fact that what seemed like a simple decision turned into a horrible life altering event for the motorcyclist and the driver.

    Reminds me of the teen driver who hit the runner on Quincy. There is no malice… no intent… no ill will. A horrible decision that had a horrible outcome that impacts other people.

    Very hopeful for the motorcyclist to recover.

    • CW

      Uh, sorry dude, when you illegally blast through a break in the road and nearly kill someone, you do NOT get the benefit of the doubt. They can both be in all the shock they want from behind bars.

      • Bluemontsince1961

        Exactly, CW

      • TomTom

        Second that CW

      • drax

        Sigh.

        Resident isn’t excusing the crime, merely explaining why these people might have behaved the way they did.

        • CW

          Sigh. I was merely explaining why we should not care about how people act after they commit a criminal act that causes serious harm.

          • drax

            He didn’t say that we should care. And you implied that he was excusing the crime.

          • brian

            it could have been the passengers idea.

          • WillJohnston

            Agree, we don’t have all the facts.

          • CW

            Then why did he spend two paragraphs trying to substantiate the emotions of someone who had just committed this criminal act?

          • drax

            He made that quite clear himself, but since you can’t seem to read, he was explaining why someone may appear not to have emotions after a traumatic experience when they actually do. And he made it very clear that he was merely explaining it, not excusing it.

      • Wiz

        What does the passenger have to do with it? He’s not in control of the car!

    • x

      Hippie.

  • MC

    When I rode past at about 5:15pm both the driver and passenger were just sitting on the wall like they didn’t even care. They were pulling the bike up onto a flatbed and she just had a look like this is taking way too long.

    She clearly broke the law by trying to cut into the HOV lanes and then almost took a man’s life. She should lose her license, not to mention also be held accountable for the man’s bills.

    • TomTom

      and serve prison time … you don’t learn a lesson by loosing your license

      • http://cache.ohinternet.com/images/2/24/I_see_what_you_did_there_super.jpg BoredHouseWife

        This reminds me of an accident down in the Springfield area right at the start of the construction. Some douche cut off a semi and the semi ended up crashing through the median and hitting a van (south bound on 95)and killing everyone in the van. The douche that cut off the truck got a fine.

  • Doug

    I’d like to see some follow up by the news on this. The status of the biker, what happened to the driver. Maybe a statement by the police?

    • cr

      I work at a nursing home were his mother resides and he is still alive hes very beat up and has to undergow a lot of surgery but he has no brain injuries and has a lot of rehab ahead of him. pls keep him and his family in your prayers

  • HOV Rider

    I have been driving in those HOV lanes daily for nearly 10 years now, and I see violaters coming thru gaps in the jersey walls just about every day. I don’t care what the excuse is, appointment, late for work, getting home for kids…..nothing is that important that you should risk the lives of others. We saw this accident scene as we were being taken off HOV yesterday, saw the girl leaning up against her nice Lexus talking on her phone, and then we saw what was left of the bike. I hope and pray the rider will recover fully from his injuries, and I hope this girl gets the book thrown at her.

    • brian

      so where are all these pictures by other drivers?

  • Novadweller

    Wow. I’m glad the driver is facing charges! I was nearly hit on HOV two weeks ago by some minivan cutting through the barrier. I don’t think she even realized she almost got hit at 65 mph. There is no excuse for putting others lives in danger because of your impatience. My boyfriend was hit on his motorcycle when a driver realized he was missing his exit and cut into his lane on the Memorial Bridge. People need to take two seconds and think of the potential outcome of their actions. I hope the rider recovers and I hope that woman faces serious penalties for her reckless behavior.

    • WeiQiang

      Regrettably, drivers don’t have 2 seconds. I believe they are generally so distracted and ill-prepared to drive and – most importantly – inconsiderate that there is no thought about the safest thing to do … even in the 2/10ths of a second that they actually do have. My default is that I can always get back to where I am from three blocks or three miles or three exits down the road.

      • Novadweller

        Ding Ding! Yes, agree, the key word is definitely “inconsiderate.” It’s scary that some people have no problem being inconsiderate, even in a situation where it may kill someone else.

  • Leaves of 3

    Riding a Motorcycle is risking your life everyday, particularly when you drive in traffic. There are so many horrible drivers out there, I would not want to be at their mercy.

    Hope this man is alright…

    • Arlingtoon

      You got that right. Before I moved to the D.C. area in the mid-70s I used to ride a bike out in the midwest. I never felt like everyone driving a car was aiming for me.

      I moved here and it’s a whole other story. Never again.

  • CARLOS

    Yes, she made a mistake and she feels horrible about it. I’m a personal friend on the car driver. She’s in bad shape emotionally she is in shock about the situation. Things happen everyday in thiss world. It was an accident and she accepts responsiblity for her actions. She is very shaken and doesn’t want to drive again. She sends her prayers for the rider and his family. We must remember this was an accident.

    • Arlingtoon

      Thank you for relaying that.

    • Tabs

      She shouldn’t have been driving in the first place.

      It’s not a right; it’s a privilege.

    • CW

      I am just going off of the facts provided by the police and the story, but in my little world the term accident becomes inapplicable after you do something illegal and reckless to precipitate said accident.

    • Carolyn

      Although I dont believe that it was intentional it wasn’t an accident.If she hadn’t broken the law my co-worker would be at work today. I hope whatever she had to do was worth it.

      • Robin

        Carolyn, I saw this all happen and am very relieved to have found this article. Please know that your coworker is in my thoughts and prayers. Share this with his family as you feel appropriate. And, if you can, please let me know if there is any change in his condition. This was such a horrific event… glad to be able to know that he is expected to survive.

    • Arlingtune

      How come every “friend of the person involved” that posts in these stories always has bad punctuation and spelling?

    • MC

      are you joking? [...] Had she not been in whatever hurry she was in that she HAD to illegally cut into the HOV lanes doesn’t make this an accident. She certainly didn’t look shaken or upset, more pissed off her day was ruined. I hope they throw the book at her. Driving is a privilege not a right, and I hope she loses that privilege.

      Think about it, had she gotten away with cutting into the HOV lanes, her and her boy would be all smiles they were able to cut out some traffic to get wherever they must have been in a hurry to get to.

    • Spectator

      I’m sorry, but when one willfully breaks the law and causes a crash, it is NOT an accident. It was a premeditated action that caused the crash, and I hope that she is prosecuted to the fullest extent.

      My attitude comes from being involved in two serious accidents where I was the victim. It is time to start considering those who cause crashes on the same level as someone who commits a crime with a deadly weapon. A car and a weapon both have the potential of causing great harm or death; it is in the original use that they are different.

  • RN

    I have contacted fox 5 via e-mail and phone and it does not even to be on their radar as being a story. The down side to this is that a lot of people may feel that it was the riders fault just because he ride a motorcycle. I ride everyday rain or shine and it is amazing how many people just don’t care that you are on a bike and cutting your off and riding our tail lights. Not even thinking that if I have to stop they will on top of us. looking at pictures of the guy and his bike I think I have rode along side him many times. I just pray that he is going to pull through.

  • brian

    When is arlnow going to post the drivers name so we can do police work and see how many other driving violations the driver of the car had?

  • MC

    The rider is expected to survive, thankfully. The VA State Police are the ones doing this case, and the driver has been charged. Certainly would love to know the charges. Hopefully attempted manslaughter with a moving vehicle is one of them.

    • Sam

      “Attempt” requires intent to commit the crime. Manslaughter implies that it was unintentional. You can’t intend to commit a crime that is unintended.

      Criminal negligence is more appropriate in this case.

  • selina

    I am still in shock and very sorry

    • @selina

      If you are the driver, I suggest refraining from posting anything, period. Anything you say here could be used against you in any pedning litigation and subject you to endless tomfoolery from the ArlNow commenting brigade.

      • drax

        Good advice.

      • JDSmith

        You could never prove who posted that, so stop squashing the entertainment.

  • HOV Rider

    She didn’t make a mistake. She made deliberate decision to do something illegal that resulted in nearly killing someone. She should feel terrible, and hopefully she never does drive again. You will have to forgive me for not feeling any sympathy towards this woman for her carelessness and stupidity. She should go to jail for attempted vehicular manslaughter.

    • Sam

      “She should go to jail for attempted vehicular manslaughter.”

      Please see my comment above. Attempt implies intent. Manslaughter is unintended. It’s impossible to attempt manslaughter (hence why the Virginia code only defines two types of manslaughter: voluntary and involuntary). For it to be manslaughter, someone has to die unintentionally, either voluntarily or involuntarily. But you can’t attempt to kill someone unintentionally.

      She should go to jail for criminal negligence.

      • HOV Rider

        Thanks for the clarification, makes sense.

  • selina

    I was sitting in my car not thinking about my car my problems or my well being. more concerned for the motorcyclist and his family and how my bad actions caused this tragedy.My phone flew out of the car window and no I did not want to see his injuries people ran to him my passenger went to see if he was still alive and was concerned for the mans life ….and to add insult to injury people pulled out there phones and started taking pictures of me in the car. what part of concern was that so u can go home and twitter or fb about it if u were in my shoes how would that make u feel when it’s nothing you can do and your words fall on death ears. I went to sleep with it on my mind and woke up in a panic attack and its been on my mind all day i got on the internet looking for the mans name or any information leading me to his where about’s so I can see him and explain to him that i meant no harm but instead im being attacked. To the family and the victim i am very sorry and i am praying for you please find forgiveness in your heart’s for me

    • HOV Rider

      I find it very hard to believe you were the driver. Why would you be posting on the internet less then 24 hours later trying to defend your actions? Your time today would be better spent consulting with a good lawyer and your insurance company. If people were taking pictures, it was probably to identify you if you chose to run before the police arrived. Very smart of them if you ask me.

      • Peggy

        You find it hard to believe that anytime there is one of these accident threads that a friend/relative or the actual person manages to find their way to ARLnow.com and spill their guts?

        Yeah, now that you mention it…

        • HOV Rider

          I don’t find it hard to believe they would find the thread, I find it hard to believe they would take the time to respond to it, so soon after the fact. I would think that she would have more pressing matters to attend to today, than trying to defend herself to a bunch of random strangers on the internet.

        • JohnB

          If you google news “motorcycle accident 395″ and filter for the last 24 hours, this page is the only hit. She said she was looking for a status on the rider, she probably searched for news on it.

          • JohnB2

            Erp, supposed to be JohnB2, too many of us on here…

          • CW

            Well, unfortunately the VA court case online directory requires a last name to search, so we wont know for now…

          • HOV Rider

            Again, I didn’t say I was surprised she would find the thread, that’s exactly how I found it.

      • P.D.

        I agree. And why would she need to look up his name? Don’t you sorta find that out when information is being exchanged at the scene? When I was in a small accident once, the name of the other person involved was on the police report.

    • SD

      “phone flew out the window”… as in you (or the actual driver) was also talking on it.

    • MC

      [Post deleted per comment policy]

    • MC

      You would have gotten that information from the officers issuing you the ticket. IF you were THAT concerned.

    • Ann-Marie

      I hope you have good insurance and 401(k) because you’re going to need it. Also, might want to get a good lawyer and realtor since you’ll probably have to sell your house. Just trying to help you get ready…..

    • Leaves of 3

      How did your phone fly out the window?

      And not everyone hates you. You did something selfish and reckless but certainly did not intend to hurt this person. You’ll deal with the consequences and move on with your life, hopefully as a better person because of what you did and what you will go through.

      • drax

        She was talking on it at the time?

        • Tabs

          Or texting, or looking up a destination.

          ‘To add insult to injury” really does not apply to YOU, Selina. You are not the injured party!

    • Jason S.

      If you are truly the driver, you sure are spending a lot of effort telling us about how *terrible* you feel. It’s just a hunch, but I think the other guy is hurting much worse and his family probably isn’t sleeping too well either.

      • Tabs

        And mean people took photos of her!!!

        • brian

          The pictures are probably on people’s facebook pages.

    • CJW

      Please understand that most people do mot feel sorry for you. The fact that you are worried about what people are saying about you rather than what you have done proves that your thoughts are in the wrong place. You are not the victim you are the criminal that seriously injured my friend. How are you ever going to live with yourself knowing what you have done.

    • Spectator

      If you are the driver, I would be very concerned about anything you write that is public. You HAVE already given enough information about your part in the accident that will DEFINITELY be held against you in a court of LAW. Anything you say (or write) after you have ben Merandized, can be used against you.

      Like another poster said, you be best to get a lawyer, and you NEED to cease any speaking or writing about this accident. I’m not a lawyer, but I had a friend who kept talking after he was Merandized. He ONLY lost three years of his life in prison for what he said when others at that time get off with only probation. Things have changed in forty years, and anything you have posted on line, WILL be used against you. Heaven help you, now.

    • http://cache.ohinternet.com/images/2/24/I_see_what_you_did_there_super.jpg BoredHouseWife

      those horrible human beings posting pics. poor you?
      there are reasons why it is illegal to do what you did. But you had the arrogance to think that the law doesn’t apply to you. You were arrogant to think that you knew better. But you didn’t know better. you were ignorant, but you made a choice that unfortunately ended up seriously wounding someone else. Now you have a debt to repay.
      I would suggest you refrain from trying to deflect the blame onto witnesses and accept your responsibility in the incident.

  • Bill

    ARLNOW: Can you put this story on the back-burner and give us an update on what happens to the Lexus driver? Would love to see her get more than just a fine, but it seems “reckless driving” is a bit of a weak charge for much more to occur.

  • http://www.ExtremeFirepower.com/ EFI

    VA needs to close up those gaps between the HOV lanes and the other traffic lanes. People sneak through them all the time, endangering other motorists and themselves. Anyone caught doing it should be charged with Reckless Driving (a misdemeanor) and have their license revoked for a year.

    • P.D.

      But the police and emergency vehicles apparently need them. Maybe they just need to put gates on them like they have on the Dulles Toll Road that open only for authorized vehicles that have a transponder.

      • http://www.ExtremeFirepower.com/ EFI

        That’s a great idea. VDOT being VDOT it’ll never happen.

      • JohnB2

        They can do it when they change 395 HOV lanes into full-time HOT lanes.

  • Pastor Smith

    There is no pain jesus cant feel no hurt he can not heal all things work according to his perfect will no matter what your going remember GOD is using for the battles is not yours its the LORDS there is no sadness JESUS cant feel and there is no sorrow he cant heal for all things work according to his holy will no matter what you going through right now remember God is only using you hold your head up stick your chest out this battle is not yours its the Lord is the only one who can fight it you can not handle it all by yourself the battle is not yours its the LORDS

    • http://cache.ohinternet.com/images/2/24/I_see_what_you_did_there_super.jpg BoredHouseWife

      your intentions are noble but in vain. They won’t hear you. They have been trained to tune out the very words you emphasized.

  • HOV Rider

    “The driver was charged on scene by Virginia State Police with Reckless Driving and violation of HOV-3. As for the condition of the motorcyclist, he suffered significant injuries but is expected to survive.”

  • Kool Aid Drinker

    That’s the best part about religion – the total abdication of personal responsibility!!!

  • JohnB2

    Re: “Update at 2:45 p.m. on 6/5/12 — An update, per Sternbeck: “The driver was charged on scene by Virginia State Police with Reckless Driving and violation of HOV-3. As for the condition of the motorcyclist, he suffered significant injuries but is expected to survive.””

    No attempted vehicular manslaughter?

    Thanks for the update though!

    • CW

      UGH sometimes I hate Virginia laws.

      Send someone to the hospital to fight for their life and you get charged with the same thing you would if you had been cruising down the right HOV lane with hands at 10 and 2, the cruise control set at 80, eyes on the road, and two people in the car. Stupid.

      • drax

        She could go to jail for up to a year for reckless driving.

        She’s also subject to a lawsuit from the victim, obviously.

        • MC

          Those bills aren’t going to pay themselves :)

        • CW

          Of course.

          But it is pretty sad that doing this and driving 80 are grounds for the same charge.

          • Scott

            Agreed

          • drax

            Agree too. I’d like to see the law changed too.

    • Rosslynite

      Since manslaughter is usually death due to negligent actions, I don’t see how one can be charged with attempting it. You either do or do not. There is no try.

      • JohnB2

        I’m not a lawyer and I don’t play one on TV, is there anything the state can throw at her for severely injuring him? Vehicular assault?

      • PK

        A family member of mine was killed in a car accident and the driver who caused it was only charged with reckless driving. In the state of Virginnia you can only be charged with Vehicular Manslaughter if you are under the infulence of Drugs or Alcohol.

  • The Final Word

    The driver who endangered so many people is lucky that stupidity is not a criminal offense. It is, however, a life sentence.

    • selina

      I agree

  • Just the Facts

    ***CITIZEN ACTION ALERT!***

    This incident highlights a major flaw in Virginia traffic/criminal law. In cases like this where someone causes a vehicle collision that results in serious bodily injury (but not death), is sober, remains on scene (e.g., doesn’t commit hit & run) and doesn’t intend to cause the collision (e.g., doesn’t aim a car at someone in an attempt to injure them), the MOST they can be charged with is reckless driving, a Class 1 misdemeanor punishable at most by 12 months in jail and/or a $2,500 fine. In practice, this means that, as long as the at-fault driver doesn’t have a horrible driving/criminal record, the most he or she will get is a suspended jail sentence and maybe a hefty fine.

    There needs to be a FELONY reckless driving statute added to the Virginia code. When someone drives recklessly (defined in the code as driving “at a speed or in a manner so as to endanger the life, limb, or property of any person”) and it results in serious bodily injury to another person, the charge should be at least a Class 6 felony, punishable by 1-5 years in prison, or, at the discretion of the judge or jury, by up to 12 months in jail and/or a $2,500 fine. At least the guilty party would then be a convicted felon.

    If you agree that this needs to be addressed, contact your delegate or senator.

    • CW

      Amen, brother.

      As I said above, cruising at 80 mph and running over and nearly killing someone after illegally blowing a barricade should not be the same offense! But in VA both can get you reckless. This is ridiculous!

    • mick way

      I disagree.

      • mick way

        (dang submit button)

        I disagree. What you’re looking for I believe is revenge. That’s the bailiwick of the civil courts and you betcha there will be a monster suite here.

        Thinking that making this a felony will be a deterrent is naive.

        • CW

          I disagree with your disagreement. That’s the exact problem – people don’t make that logical jump from their actions to the possible consequences of their actions. They say “oh, I’m just running this light a little red” or “oh, I’m just cutting through this barrier here”. They don’t think “I might kill somebody”.

          Think about this:

          Scenario A – running a red light is a $100 ticket. If you run the red light, t-bone someone, and kill them, it is still that $100 ticket.

          Scenario B – running a red light is a $100 ticket. If you run the red light, t-bone someone, and kill them, it is 5 years in prison automatically.

          Which one do you think would honestly be more effective at preventing the dangerous behavior? You need to punish the outcomes.

          • Rosslynite

            Circle gets the square.

          • Just the Facts (the original)

            I agree with your sentiment but your example is flawed. If someone dies the defendant can be charged with manslaughter. The weakness in the law applies when someone is seriously injured.

        • Just the Facts (the original)

          Do you think making ANY criminal charge is “revenge”? All I’m asking is that the charge & punishment fit the crime. Nearly killing someone due to reckless indifference should not be a misdemeanor.

          And the fact that there may be a civil claim has no bearing on any criminal charges.

      • Arlington, Northside

        I too disagree, somethings are just accidents. Avoidable maybe, but as much about bad luck and bad timing as anything else.

        • CJ

          Wow…

          An accident is not seeing something or not paying attention. Purposely violating the law by illegally entering the HOV through a break in the Jersey Wall is NOT an accident.

          • CW

            Keep in mind that in previous threads this poster has repeatedly advocated running red lights, tailgating, and stoplight drag racing.

            See: http://www.arlnow.com/2012/05/21/click-it-or-ticket-acpd-to-step-up-traffic-enforcement/#comments

            When it catches up to him I hope no other people are hurt.

            Please do not moderate this comment because I am simply pointing out something relevant to the discussion. It is not a personal attack.

          • http://cache.ohinternet.com/images/2/24/I_see_what_you_did_there_super.jpg BoredHouseWife

            willful negligence or stupidity?.
            green lexus lady could be dumb as rocks. you cant discriminate based on that. that is why it is this way.

        • HOV Rider

          Please explain to me how this situation could ever be viewed as an accident? Give me a minute to run to the bathroom and grab some popcorn, this should be good……Ok, I’m ready now, let’s see what you’ve got??

  • JP2

    Thank goodness the rider will survive his injuries. Hopefully, there will be no permanent disabilities.
    There has been much discussion in this household about this over the past 24 hours. I for one will never ride my own motorcycle in commuter traffic again (I am a female, and simply don’t trust that drivers of four-wheeled vehicles – a.k.a. cagers – are fully cognizant of everything going on around them).
    When are cagers going to learn that motorcyclists need them to share the road? I am retired military, and have traveled to several countries overseas. Scooters and motorcycles on all roads except main highways between cities is the norm, not the exception.
    IF Selina is truly the driver who caused this accident, and truly never wants to drive again (as her friend CARLOS wrote), she should immediately surrender her driver’s license to the nearest DMV office. I have a feeling, though, that that isn’t the case, and that she drove away from the accident (thereby proving CARLOS incorrect).
    Oh, and CW – as I understand it, your friend t-boned the lady in the Lexus as she was cutting into the HOV lanes from the opening in the jersey wall. I highly doubt the driver of the Lexus was “cruising at 80 mph”.
    I do hope State Police will step up their patrols along the roadways, watching for those who think their lives are so important they can break laws to speed up their day. I, too, as several of you have written, witness at least once a week somebody pulling into or out of the HOV lanes using the openings in the jersey wall in an attempt to speed up their commute. I think Selina may have learned a lesson in patience, as this side trip probably slowed her down much more than if she had just traveled the main lanes.

    • Spectator

      What’s even more evil is that she could go to “driver re-training”, get rid of the points, and the judge will take that into account, softening the impact of what she did by decreasing the charges…

      I was in a truck that was T-boned, and the guy was given only a slap of a wrist fine of 35 bucks. For us, we had to deal with the crash’s aftermath of injury and financial issues. We lost a nearly new car, and we had to go out of pocket to pay it off, plus buy another truck with nothing to put down.

    • CW

      Whoa whoa whoa, I don’t know any friend who did anything. I have nothing to do with this accident.

      What I was saying was this, maybe I need to clarify here.

      In Virginia, reckless driving is a blanket charge. There is “reckless by speed” which is defined as driving 20 mph or more over the limit, OR by driving 80 miles per hour. There is also reckless by, well, being reckless. This is what the driver of the Lexus did here. She committed a truly reckless act that could have, but mercifully and thankfully did not, result in loss of life.

      See: http://www.dmv.state.va.us/webdoc/citizen/drivers/points_6.asp

      So all I was saying is that it is absolutely ridiculous that these two charges are the same thing. There needs to be a REAL punishment for people who do something that is this truly reckless, dangerous and, well, criminal. See my response to the “Citizen Action Alert” posted by another poster.

      I hope this clears things up. BTW FWIW, I am a daily, year round bicycle commuter and, while we cyclist are not always without fault, I too know all too well the danger of the 4-wheel maniacs out there. I see it daily.

      • http://cache.ohinternet.com/images/2/24/I_see_what_you_did_there_super.jpg BoredHouseWife

        driving 20 miles above the speed limit, or 80 mph isn’t clearly reckless?

        • Tale

          No, it isn’t clearly reckless as a rational issue, it’s only legislated as reckless.

          Given the frequent posting of inappropriate speed limits not based on sound engineering but rather based on local politics and/or revenue enhancement goals, there are plenty of places posted at 35-45 where 55-65 would be just fine for the large majority of drivers (search the net for “85th percentile speed”).

          Even 80 isn’t patently reckless depending on context, or states that had 75-85mph speed limits would be awash in a sea of blood that they are not. Granted Virginia certainly has higher traffic density than most of those other places, especially in NoVa, but there are parts of the state which can clearly support an 80mph highway speed that is not reckless but that the law paints with the same broad brush.

  • CJ

    If Selina was really the driver I understand you might have been in shock, but it is unforgivable that you did not get out of the car to check on the gentleman. I can’t say that you had intent to hurt anyone, but you were in my opinion maliciously negligent in your actions. You KNEW you were breaking the law, you ignored the “emergency vehicles only sign”, and you did not clear the lane you were illegally entering, this is FAR more than a simple mistake. To simply stay in your car and “not want to see his injuries” is not taking responsibility for your actions. If not for the people like me who stopped and ran to the man, he might have died while you sat their dealing with your “grief”, again, unforgivable.

    It happened right in front of me and I was there, holding his hand and neck, trying to keep his airway open and keep him still as he woke up. He was in terrible pain and the injuries to his legs, jaw, and face were horrific, multiple compound fractures, I was actually worried he might bleed to death which made it even more difficult because he wanted to straighten his legs and we were afraid it could cut an artery. A few visions will always be with me from Monday, the terrible injuries that man sustained, my hands covered in blood and the paramedic who washed me off, and you sitting in your car the entire time, never lifting a finger to help, disgusting.

    Carolyn or anyone else, if you find the gentleman’s name I would like to know. I contacted the Arlington Police and the Highway Patrol yesterday morning (I didn’t sleep Monday night), but they did not know if the gentleman survived. I am relieved to hear he did and would like to see him or at the very least pass along my hope for a speedy recovery if it is a possibility.

    • brian

      sounds like you don’t have new car replacement policy.

    • drax

      CJ,

      Thanks for helping someone in need. You may have saved his life.

  • Ann-Marie

    Thank you for helping CJ! You sound like a wonderful person to cares!!

  • x

    You’re not very bright are you?

  • Ann-Marie

    x – who is not very bright?

    • CW

      My guess would be that he’s referring to the person claiming to be the driver, coming on here and spilling her guts while the legal process is still ongoing, if indeed all of that is what really happened as purported by “Selina”.

  • Ann-Marie

    Gotcha!

  • NancyDrew

    Hmmm, someone who could have a nickname of Selina has a hearing date on 8/8/12 for driving on a suspended license and failure to obey highway sign (DNE). However, those offenses occurred on 5/25; is it possible this is the same person and no hearing date on the new charges has been set yet?

  • del

    The Motorcyclist is stable but with a broken leg, broken pelvis, broken face bones and spine injury. He’s responding to the care-givers as best he can with tubes everywhere. He has a caring family surrounding him, too.

    • CJ

      Del, is there anyway to contact him/the family? Hard to explain, but being there/helping him on the road made me appreciate my family even more.

  • brian

    have they closed off the cut through ? I don’t see it anymore.

    • CJ

      It is still there as of yesterday.

      • MM

        CJ, we were also there helping as best we could. If you find out where he is we would like to send a card and flowers at least. Many thanks.

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