Defense report on Avon Lake hit-skip crash in May presents different theory

ELYRIA — A report filed this week in Lorain County Common Pleas Court by the attorney for an Avon Lake woman charged in a hit-skip crash in May comes to a different conclusion about what caused the wreck than that arrived at by criminal investigators. The report was filed Wednesday as part of discovery in the case against Allison Spoerl, charged with hitting and seriously injuring cyclist Patty Banks in the May 15 crash near the intersection of Lake and Moore roads in Avon Lake. Spoerl, 21, is facing charges of aggravated vehicular assault and tampering with evidence, both third-degree felonies; two counts of failure to stop after an accident, one fourth-degree felony and one fifth-degree felony; and falsification, a first-degree misdemeanor. She currently is free on bond. According to Avon Lake police, Spoerl was driving a Ford Focus that struck and seriously injured Banks, 51, of Bay Village, as she rode her bicycle east on the south side of Lake Road. Defense attorney Kenneth Lieux filed the crash reconstruction report by Introtech as part of discovery. The Grafton firm reviewed data collected by Avon Lake police investigators from the May 15 crash, Ohio Bureau of Criminal Investigation reports, data from Spoerl's 2017 Ford Focus and multiple other sources. Reconstructionists Henry Lipian and Vincent Cronin came to the conclusion that "at the first contact point, the Ford was in the process of making a left turn onto southbound Moore Road and the bicycle was traveling straight through the intersection in the prolongation of the dedicated right-turn only lane." Banks "was traveling to the far left side of the dedicated right-turn lane, rather than the requirement to cycle as far to the right-hand side of the roadway," the report concludes. Lieux said the takeaway from his experts' report is that had Banks been in the proper lane, she would have been fine. Instead, his experts' report concludes she traveled straight in a turn-only lane at an estimated speed of 18 mph. "Had she been in straight-through lane, she would have been fine. She would have had the right of way. But she went straight through. She had to yield, she failed to yield," he said. "As a bicyclist she had to adhere to the same rules as a car would." Spoerl was properly in the left turn-only lane as she was supposed to be to make the left onto Moore Road, her attorney said. She was not being reckless and did not fail to yield to Banks and her bicycle, Lieux said. Spoerl did not stop after the crash and continued south on Moore Road, police said. A nurse and trained EMT, Marcia Herwaldt of Avon Lake, witnessed the crash and was able to stop the bleeding from Banks' carotid artery so she could be taken to Metro Health Medical Center in Cleveland for treatment. Spoerl's car was found at an Avon body shop the next day, with a shattered windshield, dented roof and scratches on its hood, according to Avon Lake police. Lieux said Wednesday the charges his client fled the crash are a different issue from what caused the crash. Reached for comment Wednesday, Banks said she was traveling in the bike lane at the time of the crash and had no further comment on the details. "I understand that her attorney has a job to do and that he's doing what he has to do," Banks said. She added that she is grateful to be alive this Thanksgiving and thankful both for the first responders and Herwaldt, whose actions saved her life. "Thank God for people who do the right thing," Banks said. "I'm alive and I'm well and I'm just blessed and thankful for that." The next hearing in the case is scheduled before Judge John Miraldi on Dec. 9, according to court records. Miraldi may rule on Spoerl's request to get her car returned to her at that hearing. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com. Follow him at @daveobrienCT on Twitter.