44 The Queens Courier • August 21, 2014 FOR BREAKING NEWS VISIT www.queenscourier.com 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 Advertorial 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 White Star Limousine was founded in 1952 and has been family owned and operated for over three generations. Ask us about the specials we o er for you next special event WWHITESTAR LIMOUSINES 20 Jericho Turnpike, New Hyde Park, NY 516.233.2911 www.whitestarlimousine.com
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