From the PilotOnline:
Submitted by ShareRoad on Fri, 05/08/2009 at 7:57 pm.
Dan did have lights as seen by friends of mine who came upon the scene afterwards an noticed the bike on ground from the blinking red light.
It will be interesting to see the VBPD report. As of now, the assertion that Dan had a tail light is both anonymous and unconfirmed. I'd like to see it substantiated...it will certainly change the discourse, as there would be no reason for the driver not to have seen Dan.