Friday evening, around 6:30pm, a car driven by Patricia Harvey, 48, struck a bicyclist from behind causing a tragic crash on Piney Mountain Drive off of Chungs Cove Road in east Asheville. Police have indicated that the cyclist, Tami Rene Leaven, 35, died at the scene from massive head injuries.
Police say that Leaven did not have any lights on her bike, although the law does not require a bicyclist to have a light on the rear of a bicycle - only a reflector that can be seen from 200 feet behind. Most bicycles are sold with a reflector that satisfies state law in this regard. Police have not said whether the bike ridden by Leaven had the required reflector. A police spokesperson said that the area where the collision happened on Piney Mountain Drive was a dark section of road and not well lit.
In North Carolina, the law requires motorists to see what can be seen and to keep a proper lookout. It is unclear at this time whether Leaven was visible to motorists approaching from behind or not. If the bicycle she was riding did not have the required reflector, then Harvey may not have seen her in time to avoid the collision. If the bike did have a reflector visible from the rear, then the question will be 'why did Harvey fail to see it?' These are questions the District Attorney's Office must grapple with, and the DA will have to decide whether the facts justify bringing criminal charges against Harvey.