DA Announces Charges in Fatal Crash Involving Coopersburg Pedestrian

A 37-year-old Pottstown man has been charged with the misdemeanor offenses of Recklessly Endangering Another Person and Reckless Driving following a nine-month investigation into a fatal crash on Rt. 309 in Coopersburg borough.

According to a news release, David Mayers, 35, of Lower Macungie Township, was killed when he was struck by a tractor-trailer as he crossed Rt. 309 (S. Third Street) from the Exxon station located on the west side of the street to the Executive Inn.

On Thursday, Lehigh County District Attorney Gavin Holihan said he will not prosecute the truck’s driver, Kirk Andre Chin Jr., for the more serious charge of Homicide by Vehicle because he said the evidence in the case doesn’t support it.

Holihan’s office said video surveillance footage recorded by businesses in the area showed Mayers “walking and talking” and holding a cell phone in his hand as he crossed the five-lane road just before 3:30 a.m. on April 13, 2025.

Mayers was wearing dark clothing and the lighting in the area “was poor” and “limited to ambient lighting coming from nearby businesses,” the release noted. It also noted that there is no crosswalk in the block where the crash occurred.

As Mayers began to cross the street, authorities said Chin was northbound in the right lane on Rt. 309, traveling at approximately 48 mph in an area in which the speed limit transitions from 55 mph down to 35 mph.

Holihan’s office said video recorded inside the tractor-trailer showed that just before Mayers was struck “Chin was driving with his head back and his eyes closed,” and that he “did not react or open his eyes until after his tractor-trailer struck Mayers.”

A visibility study conducted by the Lehigh County Reconstruction Team in the area of the accident determined that the truck’s headlights would have been visible to Mayers as he began to cross Rt. 309, and that he entered the lane of travel in front of the oncoming vehicle just three seconds before he was struck.

“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,” the release said. “Mayers was approximately 200 feet from Chin’s tractor-trailer at that point. A tractor-trailer with a gross vehicle weight of 80,000 pounds travelling at 45-48 m.p.h. requires a total stopping distance of 273 feet. At the point that Mayers became visible to Chin’s tractor-trailer, there was insufficient distance for the tractor-trailer to stop.”

Legally, evidence must show that a person’s driving was the direct cause of another person’s death in order for a charge of Homicide by Vehicle to be filed.

“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. “

The news release said that in addition to surveillance footage from nearby businesses and the visibility study, the DA’s office and Coopersburg Police relied on an inspection of Chin’s tractor-trailer, interviews with several witnesses and the results of a full crash reconstruction before reaching the decision announced Thursday.

Chin was released on $25,000 unsecured bail following a preliminary arraignment Thursday before District Judge Daniel Trexler in Coopersburg. According to the docket filed in his case, a preliminary hearing before Trexler is scheduled for Friday, Jan. 23 at 8:15 a.m.

The docket did not list an attorney for Chin.

Note: All individuals arrested or charged with a crime are presumed innocent until proven guilty. This story was compiled using information provided by the Lehigh County District Attorney’s office and Lehigh County court records.