According to a witness, the placement of the vehicle and Savoy's bicycle on the roadway near The Esplanade in Alpine, NJ were about the same, when the car driven by 71-year-old Wha S. Kim from Englewood, NJ, struck Savoy from behind. The car is registered under the name of Hae Jong Kim, also of Englewood, NJ.
The report is one of the first indications of what took place that day, though it warns that a final determination of the cause of the crash is still being investigated by the Bergen County prosecutor's office.
Such as procedure is necessary in a crash that results in a critical injury, to determine among other things, if the driver was driving in full competence, such as with prescription lenses or drugs, or if the motor vehicle was fully operational at the time of the crash. Past driver records can also be reviewed in such a case.
A witness who spoke off the record to BBB said that Savoy first was hit by the front of the car, a Subaru Forester, then went into it's windshield, over the top of the car, and onto the ground. Savoy's head injuries are critical and constitute the most significant of his multiple injuries.
One witness to the crash, Michael Passow, who was traveling behind Kim's vehicle, told police that both Kim and Savoy were traveling close to the white fog line when the cyclist was suddenly struck. Kim also made a statement, and said that she was traveling north on 9W when the cyclist "came into her lane of travel and she struck the said cyclist with the front of her vehicle," said the report.
The report notes, "Cyclist was unable to give statement."
Passow's statement is sure to be one of the most significant in the event of a legal action against the driver by Savoy or his family, because he is the only observer of the accident who is ostensibly not biased.
Savoy's black Lemond bicycle was crushed beyond recognition.
New Jersey state law says that motorists must be mindful of cyclists on all roads, and traveling on the shoulder by a cyclist is not a given, particularly since there are no bike lane markings there. The shoulder is a multi-use space, allowing cars to stop there. Therefore both cyclists and motorists must coexist on both spaces--the roadway, and the shoulder.
The crash is still being investigated by the Bergen County prosecutor's office, and a final determination of the cause of the crash may not be announced for a few more weeks, warned the report.