Falcon Posted December 29, 2006 Share Posted December 29, 2006 December 29, 2006 Traffic dodging trick 'a violent act' Test case could lead to many suits A motorcyclist who killed a schoolboy playing chicken on a busy road will make legal history if he wins a claim for compensation for the injuries he suffered in the accident. Antony Young, 37, has lodged the claim with the Criminal Injuries Compensation Authority, which compensates victims of violent crime. His lawyers allege that the boy, Robert Davis, 12, was effectively guilty of a violent act by deliberately running into the road during the game. If the claim succeeds, the authority could face a flood of claims from people who have suffered serious injuries because of the negligent actions of a person immediately before their death. Andrew Campbell, a personal injury lawyer who is representing Mr Young, said: “This is the first time a person has attempted to claim compensation from the authority for injuries sustained as a result of an accident in which the ‘guilty’ party died. 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 Suzuki GSXR 1000 on the A4174 dual carriageway in Longwell Green, near Bristol, when the accident happened on April 8. A group of boys were daring each other to run across the busy road after gathering under a footbridge. 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. Robert died from multiple injuries three days later at Bristol Children’s Hospital. Mr Young, 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 continuing psychological trauma. He spent two weeks in hospital, was off work for three months and is due to have further surgery to his collarbone in March. Brian Whitehouse, the Coroner who recorded a verdict of accidental death at an inquest in August, said that he was “completely satisfied that no blame whatsoever” could be attributed to the motorcyclist. Mr Young, from Chipping Sodbury, Gloucestershire, was told initially that he could not pursue a claim for compensation because he could not sue a dead person. But his lawyers believe that they can argue that Robert was negligent in his actions because he knowingly took a risk, which ultimately left the motorcyclist seriously injured. They will claim that Robert’s actions did amount to violence and that Mr Young can be compensated as a victim of a violent crime. They expect to hear if their claim has been successful within three months. Mr Young’s mother, Sue Woolston, said that he was not interested in the money. “Compensation is the last thing on our minds. We want recognition and justice for bikers, who get such a raw deal,” she said. “Tony was doing nothing wrong. His bike was roadworthy, he had all the correct equipment, he was well under the speed limit. “He lost his bike, which cost £5,000, because he only had third party insurance; his helmet, which cost £500; and his health. “He’s absolutely devastated with what’s happened and for the family. We don’t want to upset them, they’ve been through enough. It’s just about getting justice.” A spokesman for the authority said last night that it would consider the case after seeing a police report on the accident. Quote Link to comment Share on other sites More sharing options...
Maldev Posted December 29, 2006 Share Posted December 29, 2006 Good luck. That could be a huge case. Seeing how it will set a legal precedent that will affect a lot of cases, as the article points out, I doubt it will happen. Quote Link to comment Share on other sites More sharing options...
Falcon Posted December 29, 2006 Author Share Posted December 29, 2006 At what point do you think it will become a suit against the city for not ensuring idiots can step onto the roadway in the first place? You know it's going to happen.... And then the Darwin Award candidates will find another way to kill themselves.... Quote Link to comment Share on other sites More sharing options...
Maldev Posted December 29, 2006 Share Posted December 29, 2006 They always do...they always do. The Europeans are the ones forcing car builders to raise the front ends and bumpers of cars for pedestrians to help ensure their safety during crashes. I can see this going the other way with them trying to affect the motorcycle designs to keep pedestrians from being killed in accidents with motorcycles. Quote Link to comment Share on other sites More sharing options...
fungus Posted December 29, 2006 Share Posted December 29, 2006 idiot fucking kid got what he deserved.......darwinism at it's finest. What a shame the biker got hurt so badly....hope is able to re-coup some of the monies he's going to need for all the medical bills...... kids these days.......we did some dumb shit when we were all growing up too...I tell the old lady stories, and all she can say is...you are lucky to be alive........have to agree with her one some accounts..... hell..we used to climb on the beams of the Jeremiah Johnson bridge here in Ohio on Rt. 71......one of the highest, asnd longest bridges this side of the mississip......the beams were a whopping 18 inches wide, and when truckers would come across the bridge the damn things would shake...we used to sprint for the next upright when we' hear a truck coming........come to think of it...lost my school ring there...fell of my damned hand.......anyhow...that bridge is several hundred feet tall...... Quote Link to comment Share on other sites More sharing options...
Maldev Posted December 29, 2006 Share Posted December 29, 2006 (edited) LOL! We used to do the same shit with the cargo trains and the el when I was growing up. The most fun was the BB gun fights and snowmobile tag on the frozen lake. Or was it the druken building jumping in college in NYC? As my mom puts it, my brothers and sister are lucky to be alive. Edited December 29, 2006 by Maldev Quote Link to comment Share on other sites More sharing options...
fungus Posted December 29, 2006 Share Posted December 29, 2006 Maldev....That is hilarious!.....never would have though folks would do that in the city....have done some building jumping myself across smaller alleys..... I remember a buddy and I taking my brande new compund bow and taking turns shooting arrows straight up in the sky, and the other one was catching the arrows with the cardboard lid from the box the new fridge my mom and dad had just gotten......all fun till my buddy held the cardboard a bit low near his head...poked though a bit and stuck him good...ever see a bleeding goose egg?....LOL and we used to dip darts in ink and throw them at each other, along with the BB gun fights with trash can lid armor....... Quote Link to comment Share on other sites More sharing options...
Maldev Posted December 29, 2006 Share Posted December 29, 2006 We used to fire my father 60lb recruve bow in our basement. Shattered most of the arrows on the cinder block walls. My college room mate and I used to play dodge with our darts when we got tired of playing cricket at the local pub. At least it seemed the right thing to do when you are five pitchers of Guiness into the night... My best was convincing my little siter to slide down at me on the slip n slide as I ran towards her. She went face first. I went feet first. Quote Link to comment Share on other sites More sharing options...
fungus Posted December 30, 2006 Share Posted December 30, 2006 LOL.....I about spit beer out my nose reading that one!......I can only imagine how that ended up! Quote Link to comment Share on other sites More sharing options...
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