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July 13, 2009 - 11:14am

Batavia police looking for alleged hit-and-run driver who struck motorcycle Friday night

posted by Howard B. Owens in batavia, accident.

The driver of a black Pontiac Grand Am or Grand Prix that reportedly hit a motorcycle on Walnut Street on Friday night and then fled the scene is being sought by Batavia Police.

The motorcycle driver, Justin Fagan, 22, who suffered an injury to his lower leg, told police he had seen the Pontiac behind him on Route 98 driving at a high rate of speed and weaving in and out of traffic. Both the car and the motorcycle were northbound on Walnut when they approached the construction area in the 100 block and Fagan said he slowed down and moved left to try avoid being hit.

The black Pontiac allegedly maintained its original speed, striking the motorcycle in the rear, sideswiping it and then continuing northbound on Walnut Street, turning right onto Law Street (its only option with Walnut closed to northbound traffic at that point).

Fagan's passenger, Emily O'Brien (age not available), suffered an unspecified back injury.

Both O'Brien and Fagan were taken to UMMC, but both have apparently been released as of today.

Witnesses at the scene Friday night complained that even with the rough road during construction, cars continue to drive the street faster than they should.

"This was bound to happen," said Walnut Street resident T.J. McAllister. "See how bumpy it is. Look at that police car and how much it's bouncing even as slow as its going.  People come through here going twice as fast. It's just crazy."

Det. Richard Schauf, Batavia Police Department, said the police are aware of speed problems along Walnut and Law streets and are doing as much as possible to address it.

"Whenever we have somebody available that's an area we try to enforce," Schauf said. "We try to be visible."

Another witness, Joe Elmore, who was first on the scene, described Fagan as a bit of a hero, sacraficing his own body to keep his bike upright.

"He said he did everything he could to protect his girlfriend," Elmore said. "He broke his leg just trying to hold up his bike."

Jennifer Draves
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This is just awful! I can't believe someone could hit another person and not stop! I hope the person responsible reads this. I couldn't live with the guilt every single day. But hopefully they get caught, or fess up and admit they screwed up. I'm just glad this guy and his passenger are okay.
Peter O'Brien
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Based on the way the subject was reportedly driving, he/she may not have known.
Beth Kinsley
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Hit a motorcycle with 2 people on it and not know? That's hard to imagine.
Peter O'Brien
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Howard, the link is bad in the article but the one in the similar posts section is good. Night time + friday night + erratic driving + hit and run + Nickelback at Darien Lake = possibility drinking may have been involved. Possible drinking + bad road = possibly thinking they just hit a bump in the road.
Howard B. Owens
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Try the link now. Based on my conversation with Elmore shortly after the accident, I'm confident that the motorcycle was struck by a car and didn't just fall over. Or let's put it this way: If you just had an accident and broke your leg, what would you tell the first guy on the scene: Lie to cover up what really happen, or blurt out what you believed actually happened? I would suspect drunken driving on the part of the Pontiac driver.
Peter O'Brien
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The link brings you right back to this article now.
Howard B. Owens
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OK. I think this time it is right.

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