Biker sues over death crash boy

[Ariel Badger]

Biker sues over death crash boy
A motorcyclist who killed a 12-year-old boy is claiming compensation for the injuries he suffered in the accident.
Antony Young, 37, of Chipping Sodbury, South Gloucestershire, lodged his claim with the Criminal Injuries Compensation Authority (CICA).

His lawyers argue the boy committed a "violent act" by deliberately running into the road while playing chicken.

If the claim is successful the CICA could face claims from people seriously hurt because of others "negligence".

Andrew Campbell, a personal injury lawyer representing Mr Young, said he believed it was the first time a person had attempted to claim compensation from the CICA for injuries sustained as a result of an accident in which the "guilty" party had died.

No blame

Mr Young had been riding his motorcycle along the A4174 dual carriageway in Longwell Green, near Bristol, when the accident happened.

Robert Davis and a group of boys had been daring each other to run across the busy road on 8 April 2006.

He had started to run across the carriageway as a van approached, but failed to spot it was being overtaken by the Suzuki.

Mr Young was unable to avoid colliding with the child, and the bike hit him full in the chest.

Robert died from multiple injuries three days later.

The biker, who was riding at less than 50mph in a 70mph zone, suffered six broken ribs, a punctured lung, a bruised heart, a shoulder injury and ongoing psychological trauma as a result of the accident.

At Robert's inquest in August a verdict of accidental death was recorded by coroner Brian Whitehouse who said he was "completely satisfied that no blame whatsoever" could be attributed to the motorcyclist.

Mr Young was initially told he could not pursue a claim for compensation because he could not sue a dead person.

But his lawyers believe they can now argue that Robert was "negligent" in his actions because he knowingly took a risk, which ultimately left the biker seriously injured.

They will claim Robert's actions amounted to violence and Mr Young can be compensated as a victim of a violent crime.

Robert's family were unavailable for comment.

The CICA receive around 65,000 applications for compensation each year and pay out nearly £200 million annually.

Story from BBC NEWS:
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[gavin]

im sure there will be some outcry over this in the press, but its entirely fair imho.
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1988 TZR125 : 1990 RD350YPVS/ RGV250 HYBRID : 1982 RD80LC : 1983 RD80LC : 1994 RGV250 : 1991 TZR125 / CR500R HYBRID : 1976 BENELLI 500 QUATTRO : 2006 TRIUMPH 675

[st3v3]

same as above^^ i'm afraid.
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[Mozzer]

I also agree, as horrible as it seems, it is totally fair.
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[Ariel Badger]

I agree, the kid purposely caused it to happen he or his estate should pay for the damage caused.
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Bikers make great organ donors, get 115 on your licence today.

[bin]

Yes he should put a claim in but will he get any compensation....
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...Silver Suzuki gsx1400...

[fenton]

what estate. even if this guy does win the case. what estate does a 15 year old lad have? and you cant expect the parents too pay.

[olionel]

[gavin]

read the article properly! its the CICA setting the amount and paying the compensation, not the parents or their estate.


more info here


https://www.cica.gov.uk/portal/page?_pageid=115,65157&_dad=portal&_schema=PORTAL
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1988 TZR125 : 1990 RD350YPVS/ RGV250 HYBRID : 1982 RD80LC : 1983 RD80LC : 1994 RGV250 : 1991 TZR125 / CR500R HYBRID : 1976 BENELLI 500 QUATTRO : 2006 TRIUMPH 675

[m99dws]

He should be entitled to damages based on loss of earnings, medical cover and replacement equipment etc. No money should be provided for profit though.

[MouseDog]

[Born2bVile]

[Bishbash]

[MouseDog]

I am not saying they must should have watched him 24/7, but he should have been taught from a you age that a road is not a place to play in, if they did that properly, the boy would still have been alive, so in that point of view I think the parents should be charged with culpable homoside as well as paying for the victim's damages
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Previous Bikes: 1200 Bandit, R1, ZZR 1100, GSX 1100F, GS 1000 G, 1100 Katana, etc....
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[Bishbash]

Yeah teach your children I agree. But when you were a kid how many times did you listen to your parents! I know I did not listen to them all the time, that is what being a kid is all about, having fun and I expect they thought they were having fun until that happened. But of course we will never know if they did teach him, I expect they did.

[Kickstart]

Hi

Most people probably do have insurance to cover their own or their kids stupidity. Household insurance cover often includes it (often cited by cyclists to say they actually do have insurance).

All the best

Keith
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[Itchy]

[Sherry]

I'm sorry but how can you possibly say that it's the parents fault that their children were playing 'chicken' on a busy road.

I happen to be a parent of a 15yr old and do everything i can to instill in her what this is right and what is wrong.

I've had children step out in front of me whilst i was going about my business. It has happened so many times that i've lost count!!

Yes, some were trying to play chicken but i never once thought "Bloody hell, their parents are the one's to blame!!"

I feel so bad for the parties involved in this horrific accident Things like this should never happen but when my daughter goes out with her friends, i never tell her "if you see a car, play chicken with them cause damn it's fun!!"

[Bishbash]

[Sherry]

Thanks Bishbash,

At least there are a few people who think sensibly and you don't even have to be a parent to understand that!!

How many times have you heard "Why did you jump out infront of that vehicle and on such a busy road??"

"Cause my parents told me to....."

[ken]

I’m really quite undecided on this topic, for one I don’t think its fair that the parents might have to pay compensation out, the loss they must feel about losing there 12 year old son, would bare a huge amount of pain as it would for any parent, and I also don't think its there fault.
However the motorcyclist should not have to stand the cost of repairs, loss of earnings, and also his psychological (think that’s how you spell it) damage at accidentally killing someone, especially someone that was so young,

I don’t think there is any definitive answer to this dilemma
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[Annabella]

[bikerbanditz]

Good, I hope the bloke gets a shitload of cash. What a twat that kid was for playing chicken. I probably deserved it anyways.
Banditz.
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[ken]

Annabella,
well put oh and missed read, its been a long day at work
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[Bishbash]