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Tuesday, 24 April 2007, 13:04 GMT 14:04 UK

Payout for biker who killed boy

Antony Young A motorcyclist found to be blameless after hitting and killing a 12-year-old boy who was playing "chicken" in a road has won compensation for his injuries.

Antony Young, 37, from Gloucestershire, lodged his claim with the Criminal Injuries Compensation Authority (CICA).

The CICA usually only pays money to the victims of violence, but Mr Young's lawyers argued Robert Davis committed such an act by running into the road.

The size of the award will be decided after a medical assessment.

Mr Young, from Chipping Sodbury, said: "I am happy and relieved by this decision. I feel that justice has been served."

"The case in itself is not legally significant"
CICA spokesman

He had been riding his motorcycle along the A4174 dual carriageway in Longwell Green, near Bristol, when the accident happened.

Robert 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.

Mr Young was unable to avoid hitting the child full in the chest.

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 psychological trauma as a result of the accident.

'Reckless behaviour'

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.

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

But the spokesman denied Tuesday's decision was a legal landmark, meaning anyone hurt as a result of a prank or a reckless act on the highway may now be entitled to compensation.

"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."

A decision on how much will be awarded to Mr Young will be made after an assessment of the long-term physical and psychological damage caused by the crash.



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Related to this story:
Biker sues over death crash boy (28 Dec 06 |  Bristol/Somerset )

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Criminal Injuries Compensation Authority
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