Biker injured in ‘chicken’ game makes legal history

[Bob]

Antony Young, 37, of Chipping Sodbury, Gloucestershire made legal history when he was awarded compensation for injuries he received when he struck a boy who was playing ‘chicken’ and ran out in front of a van but failed to spot Mr Young overtaking.

Mr Young suffered six broken ribs, a punctured lung, a bruised heart, a shoulder injury and continuing psychological trauma.

His lawyers argued that the boy was guilty of a violent act by deliberately running out into the road. The final amount of compensation will be decided once Mr Young’s medical reports have been submitted by independent experts and the long-term impact of his injuries has been assessed.

Andrew Campbell of Withy King, the law firm that represented 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.”

Mr Young, who was initially told that he could not pursue a claim for compensation because he could not sue a dead person, said “I am happy and relieved. 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.”

[The Lone Rider]

So the story is a kid ran out in front of a van, intending to frighten the van driver, and didn't see the motorcycle that was passing the van and got smacked by the motorcycle?

I've had kids (and by kids I mean early to late teens) run out onto the road in front of me when they see me coming. But I've always been able to see it coming because theres usually a group of them and they are eyeing you up as you come along the road. If I have enough space and time, I usually will accelerate really fast when I see them walk out to the road to dummy me. Then they get the hell out of the way a lot faster and then I slow down (which is what I was meaning by if I had enough space).

[YLWDUC]

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Mr Young, who was initially told that he could not pursue a claim for compensation because he could not sue a dead person, said “I am happy and relieved.”

So does this mean that the little schiffer-brains bought the farm as a result of being stupid, and that Young was entitled to compo from the state?

How would this sort of thing be handled in NZ with ACC?

[surfer]

Really feel for the little kid and the biker. No one deserves to die like that, and you shouldn't have to go through life with injuries as a result of someone else's stupidity.

The UK is closely following the USA in terms of legalislation and the ability to to take people to court. Pretty soon anyone doing anything will find themselves in court facing a legal action. The lawyers do very well out of it, the cost is paid for by increased insurance premiums. Pretty soon everyone will be too scared to do anything in case they get sued.

ACC prevents this from happening in NZ. Not sure if this is a good idea though as in NZ there is no payout to help put your life back or to help make adjustments to living with a disability. She'll be right...yeah right.

[McJim]

There is no ACC in the UK at all - and it works well.

There is however Criminal Injuries Compensation which assumes that most criminals do not have the cash to pay you compensation for injuries you have sustained as a result of their criminal activity.

It's always sad when a life ends needlessly but Ixion will be along shortly to mention Gene-o-kleen (tm) Evolution you can see.

[moko]

Similar thing but with a different outcome happened in Plymouth last week.Idiot kid was "dropping" his skateboard into the road then running out to get it as cars approached,kind of thing the average retard in this country finds amusing.Did it in front of a bike rider,he swerved to avoid the little turd and hit a car coming the other way.Rider was called Tim Honey,family man with 2 kids.As things stand here the scrote responsible will firstly deny everything despite witnesses to say he "accidentally let his board slip" 3 times before doing it in front of the bike.If he does get done he'll either get some kind of community order,removing graffiti for a few months if he bothers turning up...or will get a few months inside where he'll get counselling and molly-coddled while Tim's Widow and family join the looooong queue of Brits wondering why our justice system has let them down so badly.

[Grahameeboy]

ACC prevents this from happening in NZ. Not sure if this is a good idea though as in NZ there is no payout to help put your life back or to help make adjustments to living with a disability. She'll be right...yeah right.

Well ACC does provide housing alterations, mobility vehicle etc and if you are working you get 80% of your salary..................and that is even if you drive drunk and wrap your car around a lampost.......they are better off than someone born with a disability.................I had to fight to get a powered wheelchair, I had to fight after being turned down for a high low seating function, I applied for Lottery Funding for a mobility vehicle and missed out because there were too many applicants for funds available (I only need about $15,000 tops with my vehicle)......I will find another way.............The Ministry of Health recognises, in their Mission Statement that disabled kids have the same requirements as disabled adults but will not provide a mobility vehicle because Nats cannot drive it...........under ACC the mobility vehicle is provided even if the claimant cannot drive it....

Yep she will be right...............bit like the drunk driver!!

ACC is good but last year I chopped the end of my thumb off..I only went to Shore Care cause the blood just would not stop...a week later I got a letter from ACC asking me whether I needed anything..........now if I was born with a disability............wekk you know what I mean.

I deal with it, however, ACC does have it's flaws like most systems, however, with this guy on a bike he is helped by the so called Lawyer driven society but all he wants is compensation to enable him to get on with his life....that is what matters so at least in the UK and US "they will be alright"

I actually feel that say with drunk drivers ACC should take this into account..I mean they are breaking the Law yet the same Govt that makes this Law also passes Legislation to help drunk drivers.

My few dollers worth cause this is probably more than 2 cents worth.

[scracha]

So the story is a kid ran out in front of a van, intending to frighten the van driver, and didn't see the motorcycle that was passing the van and got smacked by the motorcycle?

I've had kids (and by kids I mean early to late teens) run out onto the road in front of me when they see me coming. But I've always been able to see it coming because theres usually a group of them and they are eyeing you up as you come along the road. If I have enough space and time, I usually will accelerate really fast when I see them walk out to the road to dummy me. Then they get the hell out of the way a lot faster and then I slow down (which is what I was meaning by if I had enough space).

AFAIK said kid ran out infront of the guy on a dual carriagway (112Kmph limit but no copper bats an eyelid when everyone's doing about 135Kmph). The local press were no doubt pissed off that he was well under the speed limit. Fuck the kid, the van could easily have swerved too killing it's occupants and the kid. I reckon the courts were spot on.

[The Pastor]

a group of teens ran out at my car when I was driving home, so I swerved at them more, man did they shit there pants.


Stupid people.

[SPman]

ACC is good but last year I chopped the end of my thumb off..I only went to Shore Care cause the blood just would not stop...a week later I got a letter from ACC asking me whether I needed anything..........now if I was born with a disability............wekk you know what I mean.
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True, but it is the ACCIDENT Compensation Commission.

[Toaster]

So does this mean that the little schiffer-brains bought the farm as a result of being stupid, and that Young was entitled to compo from the state?

How would this sort of thing be handled in NZ with ACC?

ACC works on a no fault system. Treatment of injuries etc paid for via ACC no matter who was injured or at fault.

Without ACC we would have people suing eachother left rigght and centre. It is the envy of most other countries. Only Switzerland has a similar system, except their version of ACC is privately owned.

[Zapf]

if a kid does that, the parent should be liable for not keeping their kids under supervision and not teaching the properly. Its about time that parents be responsible for their kids.

[Sanx]

Its about time that parents be responsible for their kids.

You're obviously not a Comrade Helen supporter, then...

[moko]

I had some smart idiot walk into the middle of a crossing and stop years back just to stop me and impress his mates.First mistake was that I was young and stupid back then so while I slowed enough to make sure I wasn't going to drop the bike I did drop him,caught his leg and he went down like a sack of shit.Second mistake was that while his mates were there they knew my mates and were more worried than impressed when they saw what smartarse was going to do,if I thought for a minute there would be any witnesses as opposed to people desperately looking "everywhere but" I'd never have done it.Oddly someone else pulled a similar stunt a few weeks later,this time a guy I knew,who should have known I wasn't going to stop to make some jerk think he's a bit of a hero and if I did he was going down anyway.
That was years ago and I'm now a confirmed pacifist,still a couple of guys around who no doubt check very carefully for bikes before they cross the road a few decades down the line.

[Coyote]

My god, we live in a world full of idiots.

It's happened to me once. I whole flock of homies (the ringleader being an old neighbour that we didn't get along with) walked in front of me blocking the whole road. I had only just pulled out from a carpark so I wasn't going very fast, I just revved the engine which scared off most of them and was able to go through the gap. Since then I've had the odd pedestrian that takes their time to walk across or walks onto the road thinking you'll stop/get out of their way, few of them have been malicious.