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PostPosted: Thu Apr 26, 2007 13:43 
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I read this in a paper somewhere but have only just managed to find it online. I'm wondering if it will also affect similar accidents while travelling in other vehicles.

MCN

Quote:
Thousands of bikers could now be awarded compensation in accidents caused by reckless pedestrians.

A landmark legal case has set a precedent for all bikers injured when a pedestrian’s recklessness is deemed criminal. This news means justice for all bikers injured in accidents with a pedestrian through no fault of their own.

MCN’s legal columnist Andrew Campbell from Withy King solicitors successfully argued to the Criminal Injuries Compensation Authority (CICA) – a body set up to compensate victims of violent crimes – that a biker is entitled to compensation for the physical and psychological injuries they suffer in road accidents involving pedestrian recklessness.

Campbell told MCN: “Any biker who has a no fault accident that involves pedestrian recklessness or a prank in the road can seek compensation.”

The case centres on biker Anthony Young who was riding his Suzuki GSX-R1000 through Bristol when 12-year-old Robert Davis ran out in front of him in what witnesses described as a game of chicken.

Young suffered six broken ribs, a punctured lung, a bruised heart and a serious shoulder injury as well as suffering ongoing psychological trauma. After being turned away by eight different lawyers Campbell agreed to represent Young after applying some “lateral thinking” and concluding that the actions of the boy playing chicken would satisfy all the criteria of a violent crime.

The decision has been a big lift to Young, who recently underwent more surgery on his shoulder nearly a year after the accident. He said: “I am relieved by the decision. Justice has been served, not just for me but for other bikers who have and who find themselves in a similar position through no fault of their own. I want to say a big thank you to Andrew for having faith in the case.”

A team of doctors will assess Young’s injuries and a suitable compensation will be agreed. Now anyone injured as a result of pranks in the road could be entitled to compensation. You can read the full story in today’s MCN (25/04/07)

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PostPosted: Thu Apr 26, 2007 19:14 
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Also in the Bristol Evening Post:-

Quote:
CRASH BIKER SETS LEGAL PRECEDENT

A Motorcyclist who killed a 12-year-old boy who ran across his path on the busy Avon Ring Road has won a compensation battle for the injuries he suffered.Tony Young, from Chipping Sodbury, suffered six broken ribs and a punctured lung, a bruised heart and a shoulder injury when schoolboy Robert Davis, from Hanham, ran in front of his bike as it passed under a footbridge near the Aspects Leisure Centre in Longwell Green in April last year.

Robert was hit in the chest by Mr Young's bike and died from multiple injuries three days later at Bristol Children's Hospital.

Lawyers for the 37-year-old site engineer lodged a claim with the Criminal Injuries Compensation Authority, which pays money to victims of violent crime.

They say the decision to grant compensation sets an important precedent for future cases - although CICA says it has always been ready to accept claims from motorists arising from "reckless" acts by pedestrians.

Mr Young's lawyers argued that Robert was guilty of a "violent act" because he and a group of his friends had been playing "chicken", deliberately running across the road in front of oncoming traffic.

An inquest held last year heard that Mr Young had been heading towards Warmley when Robert ran across in front of him, apparently unaware of his presence because he was overtaking a van which prevented the pedestrian and motorcyclist from seeing each other.

Mr Young had been riding his Suzuki GSX-R1000 motorcycle at less than 50mph in a 70mph zone before the accident, which saw him spend two weeks in hospital and three months off work.

A coroner recorded a verdict of accidental death and said he was "completely satisfied that no blame whatsoever" could be attributed to Mr Young, who had been unable to avoid riding into the youngster.

Mr Young's lawyer Andrew Campbell, of Withy King solicitors, said: "This is a victory for justice, not only for Tony 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.

"It sets a precedent for other people in similar cases, of which I personally have come across at least 20 others while investigating this case.

"This case is particularly tragic because a young boy died but it is important that recognition is also given to Tony's suffering and the affect this accident has had - and continues to have - on many aspects of his life."

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.

Mr Young, who has been a biker since the age of 17, has only recently starting riding a motorbike again after the tragedy.

Speaking 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."

His mother, Sue Woolston, said: "This was never about money; it was about getting justice.

"Motorcyclists often get a raw deal and this is a victory not just for Tony but also sets a precedent that will benefit other innocent road accident victims. The law has been changed for the better."

CICA receives around 65,000 applications for compensation each year and pays out nearly £200 million annually in payments to victims of violent crime.

A spokesman said: "In this case we have considered that Mr Young was a victim of 'reckless' behaviour on the part of the young boy and is therefore entitled to a payment.

"However the case in itself is not legally significant. It has always been the case that a motorist or motorcyclist killed or injured by the reckless actions of a pedestrian could be entitled to compensation.

"In any similar cases we would need to be convinced that the action of the pedestrian was 'reckless' and not merely negligent or careless.

"We should also emphasise that people injured or killed as a result of the reckless actions of a motorist, as opposed to a pedestrian, are not entitled to compensation from CICA unless the vehicle was used deliberately to inflict, or attempt to inflict, injury on a person."

Robert's family declined to comment on the decision when contacted by the Evening Post.


Interesting opening line to the story - does anyone else think "A Motorcyclist who killed a 12-year-old boy ..." gives the impression the motorcyclist was to blame (or maybe it's just me reading too much into it) :?:


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PostPosted: Thu Apr 26, 2007 20:13 
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beermatt wrote:
Interesting opening line to the story - does anyone else think "A Motorcyclist who killed a 12-year-old boy ..." gives the impression the motorcyclist was to blame (or maybe it's just me reading too much into it) :?:

The same angle was put to the riders lawyer when interviewed on the local BBC programme - something along the lines of 'Is this appropriate when a 12 year old child has been killed?'

He quickly put the interviewer in her place, pointing out the rider was found to be blameless, which was the basis for the compensation from the 'reckless pedestrian'.

Journalists do seem to love the idea that children are innocents who can do no wrong.....


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PostPosted: Fri Apr 27, 2007 13:08 
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beermat wrote:
Interesting opening line to the story - does anyone else think "A Motorcyclist who killed a 12-year-old boy ..." gives the impression the motorcyclist was to blame (or maybe it's just me reading too much into it)


It should've been correctly and not sensationally written as:

A Motorcyclist has won a compensation battle for the injuries he suffered after a 12-year-old boy ran across his path on the busy Avon Ring Road. Unfortunately the child was killed as of a result of his actions.

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