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Compensation victory in landmark case

Published: 25 April 2007

Updated: 19 November 2014

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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