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Times article:
Death crash biker sues for compensation
By Times Online and PA
A motorcyclist who killed a 12-year-old boy in a road accident is hoping to make legal history by claiming compensation for the injuries he suffered in the crash, it emerged today.
Antony Young, 37, from Bristol, has lodged a claim with the Criminal Injuries Compensation Authority (CICA), which pays money to victims of violent crime.
Mr Young's lawyer has argued that the boy, Robert Davis, was effectively guilty of a “violent act” by deliberately running out into the road during a game of “chicken”.
If the biker’s case is successful, CICA could face a flood of claims from
other people who have suffered serious injuries because of the “negligent”
actions of a person immediately before their death.
Mr Young's lawyer, Andrew Campbell of Withy King, said: “This is the first time a person has attempted to claim compensation from the Criminal Injuries Compensation Authority for injuries sustained as a result of an accident in which the ‘guilty’ party died in such circumstances.
“Although this is a test case, we are confident that a good argument can be
made and are hopeful of a successful outcome.”
Mr Young was riding his motorcycle along the A4174 dual carriageway in Longwell Green, near Bristol on April 8 this year when the accident happened.
Robert Davis and a group of boys had been daring each other to run across the busy road after gathering under a footbridge. Robert had started to run across the carriageway as a van approached, but failed to spot it was being overtaken by Mr Young, who was unable to avoid colliding with the child.
Robert 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, suffered six
broken ribs, a punctured lung, a bruised heart, a shoulder injury and ongoing psychological trauma as a result of the accident.
He spent two weeks in hospital and was off work for three months. He is due to have further surgery to his collarbone in March 2007.
An inquest in August recorded a verdict of accidental death after a number of witnesses described how the motorcyclist could not have done anything to avoid the collision.
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 did amount to violence, and that Mr Young can be compensated as a victim of a violent crime.
CICA receives around 65,000 applications for compensation each year and pays out nearly £200 million annually. It aims to provide victims of violent crime with material recognition of their pain and suffering and to allow “society to express its regret to them“.
The level of compensation has been determined according to a scale, or tariff, set by Parliament. Since 2001 the tariff includes descriptions of over 400 injuries, with each attached to one of 25 levels of compensation between £1,000 and £250,000.
_________________ Paul Smith
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