Advertorial Legally Speaking By: Scott Baron, Attorney at Law UN-HELMETED ON A DIRT BIKE Q: My dirt bike was designed for a single passenger and only for off-road usage. Still, one evening, my friend and I were riding it on a county road. Neither of us was wearing a helmet. This was noticed by a state trooper. As he pursued us in his marked vehicle, I accelerated down route. Ultimately, the trooper caught up with us. He pulled parallel, with his lights and sirens activated, again gestured for me to pull over and then slowly repositioned his vehicle behind my bike. In response, I drove completely off route into an adjacent field to the right of the road. Soon, the trooper’s vehicle collided with both my dirt bike and my friend’s ejected body. A: The trooper’s conduct in pursuing you may not form the basis of civil liability unless the trooper acted in reckless disregard for the safety of others. This standard requires the conscious or intentional doing of an unreasonable act in disregard of a known or obvious risk, so great as to make it highly probable that harm will follow, with conscious indifference to the outcome. I am skeptical that the trooper’s conduct, particularly when gauged as of the time and under the circumstances in which he acted, was reckless. Where a police officer perceives a vehicle and traffic law violation, that officer has the lawful authority to stop the individual to investigate. Your unhelmeted operation of the dirt bike was a threat to the safety of the public. The trooper had an obligation to follow you and remove your dirt bike from the highway. From what you have told me, it appears that the proximate cause of your friend’s demise was your operation of the dirt bike – not the manner in which the trooper may have conducted this pursuit. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel This article shall not be construed as legal advice. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 THE ART OF ELDER LAW For more than 30 years the elder law firm of Ronald Fatoullah & Associates has been providing New Yorkers with legal solutions that protect, relieve and endure for generations. Our dedicated attorneys are skilled in the art of giving legal advice and are accomplished in elder law, Medicaid eligibility, estate planning, trusts, estate mediation, wills, asset protection, guardianships, probate and most issues associated with the challenges of aging. Our distinguished reputation is based on a commitment to the highest ethical and professional standards and our core values of honesty, integrity, and excellence. “We won’t settle for anything less”. 12 CRYDER POINT Courier | august 2014 | www.queenscourier.com 1-877- ELDER LAW 1-877-ESTATES Queens • Long Island • Manhattan • Brooklyn ATTORNEY ADVERTISING
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