ALLENTOWN, Pa. — The driver of a tractor-trailer that fatally struck a man in Coopersburg last spring has been charged with reckless driving, authorities announced Thursday.
That is in spite of the fact that video from the interior of the tractor-trailer shows the driver with his head back and his eyes closed, and not reacting until after the crash, authorities said.
Kirk Chin Jr., 37, of Pottstown, Montgomery County, is charged with misdemeanor charges of recklessly endangering another person and reckless driving.District Attorney Gavin P. Holihan and Coopersburg Police Chief Anthony Struss in a release
But an investigation also found the victim crossed a dark Route 309 while dressed in dark clothing and entered the path of the tractor-trailer, authorities said.
Kirk Chin Jr., 37, of Pottstown, Montgomery County, is charged with misdemeanor charges of recklessly endangering another person and reckless driving.
Chin surrendered Thursday and was released on $25,000 unsecured bail, District Attorney Gavin P. Holihan and Coopersburg Police Chief Anthony Struss announced.
Chin's preliminary hearing is scheduled for 8:15 a.m. Jan. 23, before District Judge Daniel Trexler.
Coopersburg police were called to the site of a crash involving a tractor-trailer and a pedestrian in the 300 block of South Third Street in the borough just before 3:30 a.m. April 13.
Police and paramedics were found to be rendering aid to the victim, identified as David Mayers, 35, of Lower Macungie Township.
Mayers later died from blunt force injuries caused by the crash, Lehigh County Coroner Dan Buglio said.
The collision and his death were ruled accidental by the Lehigh County Crash Reconstruction Team.
Details from the crash site
The investigation included review of multiple videos, a vehicle inspection of the tractor-trailer, interviews with several witnesses, a visibility study and a full crash reconstruction, Holihan's release said.
Video footage secured from local business and from the tractor-trailer show that Mayers was crossing midblock on Route 309 from the direction of the Exxon station at 318 S. Third St. to the Executive Inn.
The truck's interior video shows that Chin was driving with his head back and his eyes closed. He did not react or open his eyes until after his tractor-trailer hit Mayers.District Attorney Gavin P. Holihan and Coopersburg Police Chief Anthony Struss in a release
At the site, there are no pedestrian crosswalks.
In the videos, Mayers can be seen walking and talking and had a cellphone in his right hand. Mayers was dressed in dark clothing.
At the location of the crash, lighting was poor, limited to ambient lighting coming from nearby businesses, according to the release.
At the same time, Chin was northbound on Route 309 in the righthand lane.
Based on data from his tractor-trailer, Chin was driving at 48 mph. The speed limit at the site is posted at 55 mph, transitioning to 35 mph.
The truck's interior video shows that Chin was driving with his head back and his eyes closed. He did not react or open his eyes until after his tractor-trailer hit Mayers.
'Insufficient evidence'
The Lehigh County Crash Reconstruction Team also conducted a visibility study. The visibility study determined the tractor-trailer’s headlights would have been visible to Mayers as he began to cross Route 309.
Mayers entered the tractor-trailers lane of travel about three seconds prior to impact.
"There is insufficient evidence to support charges other than those that have been filed."District Attorney Gavin P. Holihan and Coopersburg Police Chief Anthony Struss in a release
The visibility study showed that until that point, Mayers would not have been recognized as a pedestrian in the roadway to a driver in Chin’s location.
Mayers was about 200 feet from Chin’s tractor-trailer at that point. A tractor-trailer with a gross vehicle weight of 80,000 pounds traveling at 45-48 mph requires a stopping distance of 273 feet, according to the release.
At the point that Mayers became visible to Chin’s tractor-trailer, there was insufficient distance for the tractor-trailer to stop.
To be culpable for the charge of homicide by vehicle, evidence must show that a person’s driving was the direct cause of another person’s death. according to Holihan's release.
"The evidence clearly shows that Chin’s inattentive driving endangered others on the roadway that morning," the release said.
"However, it also shows that Mayers’ actions of crossing a dark Route 309, while dressed in dark clothing, and entering the path of the tractor-trailer was a factor in causing this crash.
"There is insufficient evidence to support charges other than those that have been filed."
