Payout for biker hurt in death crash with prank boy

Antony Young made legal history by receiving a payout for the injuries he suffered in the crash.

The 37-year-old lodged his groundbreaking claim with the Criminal Injuries Compensation Authority, which normally only pays money to victims of violent crime.

His lawyers argued that the boy, Robert Davis, was guilty of a violent act by deliberately running out into the road.

Mr Young, from Chipping Sodbury, near Bristol, suffered six broken ribs and a punctured lung as well as psychological trauma.

The amount of compensation will be decided once his medical reports have been submitted and the long-term impact of his injuries has been assessed.

The authority could now face a flood of claims from other drivers and cyclists who have been hurt because of the 'reckless' actions of a pedestrian.

Andrew Campbell from law firm Withy King, which is representing 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 effect this accident has had - and continues to have - on many aspects of his life.'

Mr Young was riding his 1000cc Suzuki motorcycle along the A4174 dual carriage-way in Longwell Green, near Bristol, when the accident happened on April 8 last year.

Robert and a group of boys had been daring each other to run across the busy road after gathering under a footbridge.

He had started to run across the carriageway as a van approached, but failed to notice that it was being overtaken by the Suzuki.

Mr Young, a site engineer, was unable to avoid a collision, and the bike hit the child full in the chest. Robert died 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.

He 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 Mr Young could not have done anything to avoid hitting Robert. Coroner Brian Whitehouse said he was 'completely satisfied that no blame whatsoever' could be attributed to him.

Mr Young was initially told he could not pursue a claim for compensation because he could not sue a dead person.

But his lawyers 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 amounted to violence, and Mr Young could therefore be compensated as a victim of a violent crime.

After hearing his claim had been successful, Mr Young 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 could now be entitled to compensation.

The Criminal Injuries Compensation Authority receives around 65,000 applications for compensation each year and pays out nearly £200million annually to victims of violent crime.

A spokesman said: '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.'