Will justice both be done and be seen to be done in this case?

If someone is severly injured both physically and mentally and suffers
financial loss through the criminal stupidity of another should the injured
party lose out simply because the perpetrator dies in the incident?

I'm with the motorcyclist on this one, after all it could just as easily
been a car. But note the biased wording in the opening paragraph, not that
one expects much else from the Daily Wail.

http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=425199&in_page_id...

Death crash biker's compensation claim could make legal history

A motorcyclist who killed a 12-year-boy in a road accident is hoping to make
legal history by claiming compensation for the injuries he suffered in the
crash, it has emerged.

Antony Young, 37, from Chipping Sodbury, near Bristol, has lodged his claim
with the Criminal Injuries Compensation Authority, which only pays money to
victims of violent crime.

But his lawyers have argued that the boy, Robert Davis, was effectively
guilty of a "violent act" by deliberately running out into the road during a
game of chicken.

If the biker's case is successful, CICA could face a flood of claims from
other people who have suffered serious injuries because of the "negligent"
actions of a person immediately before their death.

Andrew Campbell, a personal injury lawyer at Withy King, who are
representing Mr Young, explained: "This is the first time a person has
attempted to claim compensation from the Criminal Injuries Compensation
Authority for injuries sustained as a result of an accident in which the
'guilty' party died in such circumstances.

"Although this is a test case, we are confident that a good argument can be
made and are hopeful of a successful outcome."

Mr Young had been riding his Suzuki GSXR 1000 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 after gathering under a footbridge on April 8 this year. 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, a site engineer, was unable to avoid colliding with the child, and
the bike hit him full in the chest. Robert died from multiple injuries three
days later at Bristol Children's Hospital.

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.

He spent two weeks in hospital and was off work for three months. He is due
to have further surgery to his collar bone in March 2007. An inquest in
August recorded a verdict of accidental death after a number of witnesses
described how the motorcyclist could not have done anything to avoid the
collision.

Coroner Brian Whitehouse 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.

But his lawyers believe they can now argue that Robert was "negligent" in
his actions because he knowingly took a risk, which ultimately left the
biker seriously injured.

They will claim Robert's actions did amount to violence, and that Mr Young
can be compensated as a victim of a violent crime. Mr Young's mother, Sue
Woolston, today insisted her son was not interested in the money, but wanted
justice.

"Compensation is the last thing on our minds. We want recognition and
justice for bikers, who get such a raw deal. "Tony was doing nothing wrong.
His bike was road worthy, he had all the correct equipment, he was well
under the speed limit.

"He lost his bike, which cost