VDOT contractor was driver in SUV-bicycle collision

June 16--NORFOLK -- The Virginia Department of Transportation said today the driver of an SUV that struck a bicyclist on the Berkley Bridge's pedestrian crossing Saturday was a VDOT contractor.

"The incident is under investigation and we can't give out further details," VDOT spokeswoman Jennifer Gwaltney said in a telephone interview.

In a written statement, VDOT said the accident occurred when a bridge tender was en route for a shift change.

The fenced-off pathway, VDOT said, "is used by employees for this purpose and signs are posted in both directions advising caution and to be aware of vehicles using the pathway."

The statement said VDOT is working with its contractor "to determine the factors involved in the incident and to ensure that proper policy and procedures were followed. The driver of the vehicle has been placed on administrative leave."

Gwaltney declined to identify the driver or his employer.

Norfolk police said they were talking today with the driver and the cyclist, Kelley Howell.

Howell said in an email Saturday she was slightly injured in the collision and that she and the driver exchanged information.

Police spokesperson Karen Parker-Chesson said police, for now, have no reason to consider charges but are following up with Howell and the driver.

"Officers cannot issue a summons without investigating or obtaining information from the other side," Parker-Chesson said.

She said they obtained the driver's name from Howell. She declined to disclose the name.

According to a video apparently shot from her handlebars, Howell was headed from Berkley toward downtown Norfolk on the bridge, which has chain-link fencing and concrete barriers to separate it from the Interstate 264 traffic alongside, on the drawbridge. The video shows an SUV approaching on a curve, and though it hugged the wall, it collided with Howell. She appeared to be thrown from the bicycle.

In an email to The Pilot, Howell said neither she nor the driver had a phone to call police immediately after the incident on the bridge and they were unable to flag anyone down for help. She said she exchanged information with the driver and went home.

When she called police, she said she was shifted between Norfolk police and Virginia State Police, who each said the bridge isn't in their jurisdiction. Finally, Norfolk police sent officers to her home, but she was told they could issue tickets only at the scene.

Parker-Chesson confirmed that Norfolk officers responded to Howell's home and said the officers initially advised Howell to contact state police.

Sgt. Michelle Anaya, a Virginia State Police spokeswoman, said in an email that state police were not called to the scene or after the incident. She said that in a recording of Howell's call, the matter was referred to Norfolk police and "per the phone conversation, they stated they would handle the incident."

Anaya also said the matter could be handled by Elizabeth River Crossings because it is a bridge/infrastructure issue and they are the agency that controls the passage. ERC spokeswoman Leila Rice earlier referred questions to police.

"No one called ERC regarding the incident, so there is no reason we would investigate," Rice said Monday.

She ruled out the possibility that the driver was an ERC employee.

"I know for a fact our employees do not drive on the pedestrian crossing," Rice said.

Anaya said it's unlikely police would file a report based on what she had heard second-hand of the crash.

Norfolk police said no medical assistance was requested, and Anaya said that if damage was less than $1,500, no report would be legally necessary. The exchange of information was all that was required, she said, and now it's up to Howell to pursue the matter with the driver's insurance company.

Howell could not be reached for additional comment.

Another problem for police is that Howell went to the hospital on Sunday, a day later. That makes it difficult, Anaya said, to prove that the injuries she is reporting are related to the crash.

It's unclear whether there are any restrictions on cars sharing the crossing with bikes and pedestrians. There are no signs barring vehicle traffic from the bridge at either entrance, though signs caution people that Virginia Department of Transportation vehicles may use the pathway.

From downtown Norfolk, it's a difficult turn for a vehicle onto the path.

Howell expressed frustration with her predicament, writing that Norfolk "wants to be a Bike Friendly community. It's hard to see how if they have police officers who don't feel the need to investigate motorists driving on pedestrian bridges."

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