Motorcyclist Sues Westport Police After Crashing Into Roadblock

Discussion in 'New England' started by kwflatbed, May 18, 2017 at 9:56 AM.

  1. kwflatbed

    kwflatbed Subscribing Member MC1+MC2 +MC3 109K+Poster

    Motorcyclist Sues Westport Police After Crashing Into Roadblock
    May 17, 2017 5:49 PM By Bill Shields

    WESTPORT (CBS) – A 31-year-old motorcyclist from Westport is suing the police department after he crashed into a roadblock.

    Derek Pereira was severely injured in the incident last August.

    At 2:00 a.m. that morning, a Westport Police officer tried to stop Pereira for speeding, but he took off. Another officer, Jarrod Levesque, then used his cruiser as a roadblock, maneuvering it across both eastbound lanes of Rt. 6.

    Moments later, Pereira came speeding over a hill and crashed into the cruiser. Pereira claims the roadblock was illegal.

    [​IMG]
    Dashcam image from Westport Police cruiser moments before motorcyclist

    “The roadblock was set up below a hill, so it can’t be seen until you crest the hill, and it was designed in a manner that was likely to cause a crash,” said Pereira’s attorney Howard Friedman.

    Pereira is known to police and there was a brief pursuit before the crash.

    WBZ security analyst Ed Davis says the driver has a responsibility not to run from police, but there is also Supreme Court precedent.

    “They shouldn’t be fleeing they should be stopping,” Davis said. “If there’s a roadblock set up, it has to be a roadblock that isn’t around a corner, that isn’t in a situation where the individual who is going 90 or 100 miles an hour is bound to get into an accident.”

    Neither the town nor police would comment because the case is being litigated.

    http://boston.cbslocal.com/2017/05/17/roadblock-motorcycle-crash-westport-police-lawsuit/
     
  2. PPD54

    PPD54 Highly Dedicated, Slightly Motivated

    So......if we're a car other than a police car it wouldn't have been illegal?
     
    Goose, Danusmc0321 and pahapoika like this.
  3. patrol22

    patrol22 MassCops Member

    At least they didn't ask Tom Nolan for a comment. Would've been a lot worse than Ed Davis
     
    Goose, j809 and woodyd like this.
  4. HistoryHound

    HistoryHound Supporting Member

  5. Danusmc0321

    Danusmc0321 MassCops Member

    Yeah, could have been anything in the road, pedestrian, car, deer. Would you sue the city after hitting a curb while double the speed limit and fleeing the cops... because....the curb caused you to crash. Maybe you would have been able to stop in time before crashing if you weren't speeding, and running. Or could it be your actions caused you to crash. Nah never thier fault, throw shit against the wall to see what will stick.
     
    pahapoika likes this.
  6. PPD54

    PPD54 Highly Dedicated, Slightly Motivated

    Sad thing is, the city will probably settle. It pays to run from the police. If they don't catch you, you win. If you crash you still win.
     
    Danusmc0321 likes this.
  7. Fuzzywuzzy

    Fuzzywuzzy MassCops Member

    He should also sue the motorcycle manufacturer for making the thing go so damn fast. If it was slower the crash may not have happened.
     
    pahapoika likes this.
  8. FTH

    FTH MassCops Member

    When did road blocks become illegal? I must've missed he memo ...
     

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