Compensation claim news
02/05/2007

Court draws curtains on tragedy for biker

A motorcyclist who blamelessly hit and killed a 12-year-old boy who was playing 'chicken' on an A road, has won a compensation claim for the injuries he suffered in the road accident.

The 37-year-old man from Gloucestershire made his compensation claim with the Criminal Injuries Compensation Authority (CICA).

The road accident happened in April 2006 when a group of boys were encouraging each other to play 'chicken' on the A4174 dual carriage way.

Both the boy's and the motorcyclist's vision had been obscured by a van the Suzuki motorbike was overtaking. The motorcyclist, who was travelling well under the 70mph speed limit at the time, had no opportunity to avoid the 12-year-old. The boy died in hospital three days later.

The motorcyclist suffered multiple serious personal injuries including, broken ribs, a bruised heart, a punctured lung, and Post-Traumatic Stress Disorder (PTSD).

The biker had first been instructed that he could not make a compensation claim for serious personal injury because it was impossible to sue a dead person.

However, the CICA later said that, "In this case we have considered that [the motorcyclist] was a victim of 'reckless' behaviour on the part of the young boy and therefore entitled to payment."

The amount of the compensation claim is to be determined pending a medical examination to assess the extent of the physical and psychological impact the crash has left on the man.