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Biker claims compo after killing 12 y/o

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
In my opinion, this is a toughie..

http://news.bbc.co.uk/1/hi/england/bristol/6215351.stm

On one hand, as a parent, the thought of some cunt claiming compensation after my child had died makes me literally sit here and shake with anger.

But on the other hand, this guy, someone elses child, and from the report we are told, a responsible rider, has had his life basically fucked up by this kid running in front of his bike.

Now I know kids play chicken, we've all done stupid shit like that..... but I mean, this guy HAS been dealt a hard hand, I cant help but see the fairness in it.

But I am still torn, morally.

What do you think?
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Comments

  • Indrid ColdIndrid Cold Warming up? Posts: 16,688
    Even if the kid did something that could have endangered someone else's life, the kid is dead now. His family etc have been punished more than enough already. Asking for compensation is completely heartless.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    .
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Yeh bit tough, but simple fact is that his life has been wrecked (conscious playing on him plus being labelled a murderer/killer) without him being at fault so yeh, lets just say I wouldn't object to him getting any. Would be tough on the parents too I suppose, just goes to show playing chicken is a stupid thing to do, driving or not driving.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Asking for compensation is completely heartless.

    The parents dont pay the compensation.
    sophia wrote:
    Why does he deserve to be called a cunt?

    I wasn't calling HIM a cunt, but I bet the parents are, that's what goes through my mind thinking of someone doing that with my child involved, as a first instinct..
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Why shouldn't he make a claim for compensation?

    ETA Cheese on Toast, the accident was the boy's fault, not the motorcyclist's, so I don't see why the parents should think him a cunt.
  • Indrid ColdIndrid Cold Warming up? Posts: 16,688
    The parents dont pay the compensation.
    That changes it then. Who will?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    That changes it then. Who will?

    Criminal Injuries Compensation Authority (CICA)
  • Indrid ColdIndrid Cold Warming up? Posts: 16,688
    Criminal Injuries Compensation Authority (CICA)
    Well, that's totally different. If the parents aren't losing anything by him being paid compensation, then it's a non-issue really.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    It's just a shame that the kid wasn't hit by a truck- there wouldn't be this problem then.

    I do think that the CICA should pay out for the injuries, but to be honest I think that the biker's insurers should be paying out along with the parents insurers instead.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    It's always a tragedy when a death is involved, and even more so when it is a child, but the biker is as entitled to compensation as every other person injured on the road.

    I'm not impartial to this issue. I ride a bike, and have already had an accident when a stupid fucking bitch decided to cross the road between two parked buses looking the other way. She literally materialised in front of me and I sent her 6 feet into the air.

    She had some damaged ligament on her leg and was on crutches for a couple of weeks. I had a bruised leg though nothing serious, and some serious scratches on a brand new bike. I toyed with the idea of suing her for the cost of repairing the bike but was told there is little point as pedestrians are the 'untoachables' of the road and it's all but impossible to sue them for anything.

    Then incredibly the fucking cunt went and sued me, claiming she had looked carefully before crossing, that I appeared at high speed from nowhere and that even failed to stop (despite me crashing to the ground and remaining there). Her claims were only dismissed because one of the bus drivers saw it all and testified. This despite her apologising as she was being loaded in the ambulance and declaring to the four winds 'sorry it was my fault'. There is an ambulance-chasing solicitor out there whom I would very much like to meet...

    In short, pedestrians are not liable for anything, don't have insurance, are practically never at fault in the eyes of the law and yet act more irresponsably than any other road user, do whatever the fuck they want and don't even look properly when they cross the road. It's high time the law changed and the lemmings were made liable for their actions.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Even if the kid did something that could have endangered someone else's life, the kid is dead now. His family etc have been punished more than enough already. Asking for compensation is completely heartless.

    Excuse me?
    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 as a result of the accident.

    So a pair of kids are pissing around on a road, where vehicles are in motion. This guy suffers rather enormous injuries, and almost certainly a written off vehicle as a result of a stupid child - why is it heartless for him to chase compensation? I would. It's unfortunate that the child died, but if he was willing to risk his life for some mindless fun playing chicken with tonnes of metal moving at high velocity, then he deserved to die if he got it wrong.

    Don't get me wrong - it's a tragedy, but there is absolutely no reason for innocent parties to be punished. We're all stupid when we're young - unfortunately, this young lad came a cropper. Doesn't mean the chap using the road in the correct manner and completely blameless in the 'accident' should be punished for what happened.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote:
    I do think that the CICA should pay out for the injuries, but to be honest I think that the biker's insurers should be paying out along with the parents insurers instead.

    Why? The bikers insurance is there to protect other people. Many motorcyclists ride on third party insurance only, and are not entitled to claim for their own injuries.

    Technically, in my mind, the parents of the two children should pay. Though I do think such actions would be unfair and unjust to the parents after losing a son - the guy on the motorbike was not at fault here, and should not be financially punished for his wounds and the trauma inflicted.
  • Indrid ColdIndrid Cold Warming up? Posts: 16,688
    Excuse me?
    If you read further in the thread, you'll see that I had initially misunderstood. :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I have had a kid run out in front of my car once and i managed to avoid him somehow, still to this day don't know how. But the trauma from just thinking "I could have killed him" has stayed with me for a while and now I am 500% more vigilant around areas where a kid might run out.

    I can only imagine what the biker feels!!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Technically, in my mind, the parents of the two children should pay.

    How do you figure that?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    That guy deserves compo. The boy was obviously a complete idiot (along with his foolish friends). His life has been affected by this incident and he deserves to receive compensation accordingly.

    Some kid did this to my dad, but luckily the kid wasn't too badly hurt. It's a horrible thing for someone to do to a driver. The driver must be thinking "what if i'd swerved?", etc.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru

    What do you think?


    I hope he takes them to court and wins

    I've experienced two boys running out in front of my car and having to slam on the brakes to avoid hitting them and when I looked in my mirrors I saw them running back and forth across the road. If I could have safely pulled over and caught them I'd have probably given them a good shake.

    Had I had to slam any harder I'm sure the cars behind me would have smashed into the back of me

    there should be barriers at certain places to stop people just running across the road and there should be better education from schools and parents on the matter .. so yeah the kid died .. real shame but in this instance the biker seems to be the real victim here.

    Why should this guy be out of pocket?

    As it is I'm sure he has nightmares every single day.

    This isn't a case of a kid trying to cross the road and getting hit by accident, they were deliberately waiting for a car to approach and running infront of it.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote:
    I think that the biker's insurers should be paying out along with the parents insurers instead.


    Parent's Insurers??

    Care to explain what insurance the parents might have that covers their child from running out infront of a car?

    If the Biker paid for 3rd party then that's what he gets ... to me I'm totally shocked to read a biker's helmet costs £500 - I at least hope their VAT except.. and if not such important safety devices should be.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Why is the bike rider a 'cunt'?

    Unfortunately, the kid in this is the 'cunt'. Luckily he did not cause the death of anyone else through his stupidity. I am very sorry that he died but I am more relieved that the biker wasn't killed because he is the blameless one in this. I hope he gets his compansation.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    How do you figure that?

    Well, who else should pay?
    Why should this guy be out of pocket?

    He shouldn't be - it wasn't him who was in the wrong.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    i think the prerents should pay for the damages, it was there fault, at the end of the day the kid should have been playing anywhere near a dual carriageway.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hypothetical :

    Would anyone`s opinion change if, ALL other circumstances unchanged, the bike rider was found to be over the legal alcohol limit ?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    If you read further in the thread, you'll see that I had initially misunderstood. :)

    The biker is either entitled to compensation, or he isn't. Where the compensation is claimed from is redundant, so I fail to see exactly what you misunderstood - hence I still made the post. :)
    How do you figure that?

    Are parents not responsible for their children any more? Who else is to blame in this instance? The way I see it, if the youngsters were left unattended and were stupid enough to play chicken on a main road, then they were neither old enough, nor responsible enough, to be let out of their parents supervision. The fact that they have been, and have caused serious physical harm and financially-penalised an innocent person makes come to to this conclusion. Do you arrive at a different one? If so, please explain why.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    seeker wrote:
    Hypothetical :

    Would anyone`s opinion change if, ALL other circumstances unchanged, the bike rider was found to be over the legal alcohol limit ?

    Yes. Whilst the accident may or may not have occurred if alcohol was not present in his system, he shouldn't have been on the road if under the influence, and the fact that alcohol was in his system means there is the real possibility that it hindered his reaction time and decision-making ability.

    For me, it'd swing the blame 60% onto the biker and 40% onto the deceased, rather than the 100% currently allocated to the deceased.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The biker is completely blameless in all of this. The kid was 12, not 4 and should have known better. I know this echoes what most people have said, but as a frequent passenger on a motorcycle ( FJR 1300 btw ;) ) I am well aware of the stick that motorcycists often get.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Some call it playing chicken, I call it "natural selection".
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    There's sod all public announcements on TV these days.

    When I was little every single day there was adverts on TV showing kids how to cross the road, these days the last announcement I've seen regularly is how to call the coast guard, I don't even live near the sea .. it's far more likely you'll need to know about the dangers of traffic then of the sea in London.

    Most school kids are pretty stupid when it comes to crossing the road, when I go to the gym I need to drive past about 2 schools, as soon as I start getting closer to these schools I turn on my headlights. Why .. because kids are so dumb they just run out infront of you without even looking, turning on my headlights is the only thing I can do to make my car more visible to them. I drive under the speed limit and as carefully as possible but kids don't want to walk the extra few meters to the crossing sections.

    Also school uniforms are stupid, most of them are black, black from head to toe. black shoes, black trousers, black blazers, not exactly the most visible colour there is.

    reflective material should be built into the cuffs of every school uniform. We have the technology these days to prevent so many accidents, it's about time we started using it.

    I've taken steps to make my car more visible on the road including upgrading the headlights with bulbs that give 30% more light then standard bulbs so I can see that little bit further. But if some dumb kids decide to run out in the middle of the road on purpose then there is little more I can do.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    seeker wrote:
    Hypothetical :

    Would anyone`s opinion change if, ALL other circumstances unchanged, the bike rider was found to be over the legal alcohol limit ?
    I think it would add more of an element of doubt into it (i.e. would he have been able to stop in time if he hadn't been drinking). But basically no, it would still be the kids fault. That's like asking would it still be your fault if you pushed a drunk man, and they fell down a long drop and died? Well it would add the element of doubt as to whether they would've fallen otherwise, maybe he would've had the balance to stay on his feet. But it'd still basically be your fault.

    Of course in the eyes of the law, I imagine he'd be completely fucked in that case.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Parent's Insurers??

    Care to explain what insurance the parents might have that covers their child from running out infront of a car?

    If the Biker paid for 3rd party then that's what he gets ... to me I'm totally shocked to read a biker's helmet costs £500 - I at least hope their VAT except.. and if not such important safety devices should be.

    Only the top top top of the line ones with race markings on. A good sound helmet can be had easily for £100...
  • Indrid ColdIndrid Cold Warming up? Posts: 16,688
    The biker is either entitled to compensation, or he isn't. Where the compensation is claimed from is redundant, so I fail to see exactly what you misunderstood - hence I still made the post. :)
    Well, I don't think so. He's entitled to compensation, yes, no doubt about that. But it shouldn't have come from the parents, because to them it would be a punishment and they've been punished more than they deserved already.
    When someone has done something wrong I think they deserve a punishment, but I don't care where it comes from. If someone grabbed a gun and shot at random, not intending to hit anyone, but someone got killed and the shooter clearly felt guily about it, I would be against them being given punishment by a judge.
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