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| Version 1 | Version 2 |
|---|---|
| Biker sues over death crash boy | Biker sues over death crash boy |
| (about 18 hours later) | |
| A motorcyclist who was found to be blameless after hitting and killing a boy of 12 playing chicken in a road is claiming compensation for his injuries. | A motorcyclist who was found to be blameless after hitting and killing a boy of 12 playing chicken in a road is claiming compensation for his injuries. |
| Antony Young, 37, of Chipping Sodbury, South Gloucestershire, lodged his claim with the Criminal Injuries Compensation Authority (CICA). | 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 running into the road. | |
| If the claim is successful the CICA could face claims from people seriously hurt because of "negligence" by others. | |
| 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. | 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 | No blame |
| Mr Young had been riding his motorcycle along the A4174 dual carriageway in Longwell Green, near Bristol, when the accident happened. | 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. | 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. | 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. | 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. | 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. | 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. | 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. | 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. | 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. | 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. | 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. | The CICA receive around 65,000 applications for compensation each year and pay out nearly £200 million annually. |