FOR BREAKING NEWS VISIT www.couriersun.com AUGUST 21, 2014 • THE COURIER SUN 41 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. YOUR PROMOTIONS SUPERMARKET SINCE 1995 CORPORATE & TEAM OUTFITTING H Staff Shirts H Giveaways H Family Reunions H School/Camps H Organizations/Events CUSTOM APPAREL H T-SHIRTS POPULAR BRAND WHITE TEE SCREEN PRINTED (1 COLOR) MIN. 144* ONLY $295 EACH *SAME DEAL: SWEATSHIRTS $495 EACH of the 2013 THE QUEENS (Screen Printed or Embroidered) QueensCourier.com CALL FOR FREE H CAPS/HATS H UNIFORMS H JACKETS H BACK PACKS H BAGS H TROPHIES CATALOG 866.701.3263 H 718.969.3144 YOU NAME IT, WE GOT IT!!! (We can customize your art, logo, messages on anything!) Pens (All Types) Bags (Plastic/Paper) Calendars Water Bottles Awareness Bracelets Food Gifts Corporate Gifts Badges & Buttons Electronics Calculators Computer Accessories Eco Friendly Products Full Color Magnetic Business Cards 10 ¢ each Minimum 1,000 Your Business Card Their Refrigerator 866.701.3263 H 718.969.3144 www.PROMOTIONALEMPIRE.com A Better Queens is our Business We are very excited to announce Astoria Restaurant Week September 19th to the 28th 2014, featuring the rich and diverse food culture only available in Astoria.. Come enjoy the best food our featured restaurants have to o er. Visit Eatinastoria.com to nd out more! Info@eatinastoria.com C:718-612-5224 F:347-395-0096 NEED A GETAWAY? Scheduled Bus Trips All Year Round Over 300 Tours to Choose From Five Convenient Pick Ups in NYC • Penn Dutch Amish; Sight & Sound Theatres • Lobster & Crab Feasts; Casinos & Shows • Cape May; Philadelphia; Outer Banks, NC • Newport; Boston; Providence; Baltimore • Cape Cod & Martha’s Vineyard; Ocean City • Coastal, Maine; New Hampshire; Vermont • Niagara Falls & Toronto; Montreal, Canada • Monticello & Shenandoah Valley, VA • Pear or Apple Picking & Shopping Outlets • Lake George; Train Rides; Lunch Cruises • Ohio’s Amish Country; Mystic Aquarium • The Adirondacks & Lake Placid & More Call For Free Brochure 718-238-2284 6812 3rd Avenue • Brooklyn, NY 11220 www.lmtours.net • info@lmtours.net Legally Speaking By: Scott Baron, Attorney at Law Advertorial 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
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