Local cycling advocates met with Virginia Beach Commonwealth's Attorney Harvey Bryant about the death of Daniel Hersh.
We then asked about lesser charges like the obvious fact that she didn't give him the necessary 2 foot clearance but, again, the law requires that you have to see something to give it a clearance.
So, the bottom line is that without evidence of willful intent or distracted driving there was no way to charge the driver with anything, especially since she claimed she didn't see him. I would also add that in the re-enactment that the police reconstruction team did there was a significant glare from the rising sun at the spot where she hit Dan although I thought from the news reports that the accident happened just before sunrise.
As someone said in the post, "it looks like we need to change the law." If a DC police officer, I just read, is responsible for a collision while on the job - any collision - they have to at least take a driver safety course. That should be the absolute minimum for a collision where there's a fatality.