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CYCLIST FAMILY FINALLY RECIEVE PAY OUT

14 April 2009

David Yuill
dyuill@southwarknews.org

The family of a cyclist who was crushed to death by a lorry on Denmark Hill have received a six-figure sum, after a two-year-legal battle ended last week.

Emma Ferguson, of East Dulwich, is hoping to get on with her life after an inquiry into her husband's death ruled against the lorry driver who ploughed into father of three Steven back in April 2007.

The inquest found that the heavy goods vehicle, belonging to Hendricks Lovell, was missing its passenger-side mirror and that the driver had an open newspaper on the passenger seat next to him at the time of the accident.

The building suppliers denied the driver was reading the paper and refused to accept liability for the death.
Mrs Ferguson's solicitor Mark Bowman, of Field Fisher Waterhouse told the 'News': "The company never ever formally admitted liability throughout the negotiation process. Their position was that the cyclist put himself in position where he couldn't be seen.

"But my view is that, as an experienced cyclist who was aware of the dangers, Steven took a decision based on the situation in front of him. I have no doubt that the driver should and would have been able to see Steven had he looked in his mirrors."

Mrs Ferguson - who was determined to fight the company throughout the bitter battle for the sake of her young family - was hoping to put the matter behind her. With sons Ben, six, Ralph, four, and Arthur, now one - the compensation is said to set the family up after it has struggled to make ends meet since the collision.

"Emma is understandably devastated," Mr Bowman added. "The family just want to get on with their lives. It was, and has never been about the money for Emma, it was about ensuring that the three boys have a future and that a result was found."

Mrs Ferguson said last week: "I just felt very angry and very concerned for other families.
"Drivers are being allowed to go out without the correct equipment. It is like sending someone out onto the roads with a blindfold on.

"He [Steven] was my world and I adored him but I still have part of him in his three amazing little boys, of whom I am incredibly proud.

"The driver wasn't prosecuted, but I didn't want my sons to think that I had just sat back and done nothing, that I hadn't put up a fight. This will help secure their futures."
The 'News' contacted Hendricks Lovell who did not respond at the time of going to press.