Michael Horsnell
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A motorcyclist who killed a schoolboy playing a game of chicken on a busy road made legal history today when he won a claim for compensation for the injuries that he suffered in the accident.
Antony Young, 37, lodged his claim with the Criminal Injuries Compensation Authority (CICA), which only pays money to victims of violent crime.
His lawyers argued that the boy, Robert Davis, 12, was guilty of a “violent act” by deliberately running out into the road.
Mr Young, who suffered six broken ribs, a punctured lung, a bruised heart, a shoulder injury and ongoing psychological trauma, was told his landmark claim had been successful.
The amount of compensation will be decided on the basis of a tariff-system once Mr Young’s medical reports have been submitted by independent medical experts and the long-term impact of his injuries has been assessed.
CICA could now face claims from other people who have suffered injuries because of the “reckless” actions of a pedestrian, immediately before their death.
Andrew Campbell, from law firm Withy King, who represented Mr Young, said: “This is a victory for justice, not only for Antony and his family who have been through a terrible ordeal, but for others who may also have suffered physical or psychological trauma as a result of accidents which occurred through no fault of their own.
“This case is particularly tragic because a young boy died but it is important that recognition is also given to Antony's suffering and the affect this accident has had - and continues to have - on many aspects of his life.”
Mr Young was riding his Suzuki GSXR 1000 on the A4174 dual carriageway in Longwell Green, near Bristol, when the accident happened on April 8.
A group of boys had gathered under a footbridge and dared each other to run across the road. Robert started to run as a van approached but failed to spot that it was being overtaken by the motorcycle. Mr Young, a site engineer, was unable to avoid colliding with the boy, and the bike hit him full in the chest.
He died from multiple injuries three days later at Bristol Children’s Hospital.
The biker, who was riding at less than 50mph in a 70mph zone, spent two weeks in hospital and was off work for three months.
An inquest last year recorded a verdict of accidental death after a number of witnesses described how the motorcyclist could not have done anything to avoid the collision.
Brian Whitehouse, the coroner, said he was “completely satisfied that no blame whatsoever” could be attached to the motorcyclist.
Mr Young, from Chipping Sodbury, Gloucestershire, was initially told he could not pursue a claim for compensation because he could not sue a dead person.
But his lawyer argued that Robert was “reckless” in his actions because he knowingly took a risk, which ultimately left the biker seriously injured.
They successfully claimed Robert’s actions did amount to violence, and that Mr Young could therefore be compensated as a victim of a violent crime.
Mr Young, who has been a biker since the age of 17, has only recently starting riding again after the tragedy.
After hearing his landmark claim had been successful, he said: “I am happy and relieved by this decision. I feel that justice has been served not just for me but for other bikers and car drivers who find themselves in a similar position through no fault of their own.”
Anyone injured as a result of a prank or reckless act on the highway may now be entitled to compensation.
CICA receives around 65,000 applications for compensation each year and pay out nearly £200 million annually in payments to victims of violent crime.
A spokesman for the authority said: “The Criminal Injuries Compensation Authority always welcomes applications from victims of crime who are eligible for compensation under the terms of the Criminal Injuries Compensation Scheme.
“In this case we have considered that Mr Young was a victim of reckless behaviour on the part of the young boy and therefore entitled to a payment.”
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