Field Fisher Waterhouse wins compensation for cyclist's widow following fatal collision with HGV
06 April 2009
Law firm Field Fisher Waterhouse LLP has won compensation for
the widow of a cyclist killed in a fatal collision with an HGV. The
HGV collided with the cyclist, Stephen Ferguson, at traffic lights,
despite the fact that Mr Ferguson was positioned directly in front
of the vehicle.
Mr Ferguson is survived by his widow, Emma, together with their
three young sons, Ben, aged six, Ralph, aged four and Arthur, aged
one. Emma was pregnant with Arthur at the time of her husband's
death in April 2007. Field Fisher Waterhouse personal injury
partner, Jill Greenfield and
associate, Mark Bowman were instructed to represent Mrs
Ferguson in a claim against the haulage company which employed the
driver of the HGV.
Stephen was cycling to work from his home in Dulwich and on
reaching Dog Kennel Hill in South East London, approached a set of
traffic lights, marking the junction with Edgar Kail Way. The
traffic lights were red and Stephen passed a stationary bus which
was positioned in a bus lane. To the right of the bus was a large
HGV, which itself was positioned some metres behind another lorry.
Stephen passed the HGV on its inside, positioning himself in front
of the HGV, so that he could wait for the traffic lights to turn
green before proceeding.
When the lights changed to green, the HGV moved off, driving
over Stephen and his bicycle, killing him instantly.
Field Fisher Waterhouse brought a claim against Hendricks Lovell
Limited a haulage company which employed the driver of the HGV. The
Defendant initially argued that the collision was Stephen's
fault.
It was argued that the driver had not seen Stephen cycle
alongside the HGV before positioning himself in front, and that he
had placed himself in a position where the HGV driver would have
either been unable to see him or would have found it very difficult
to see him at any time prior to moving off.
Field Fisher Waterhouse argued that the Defendant was entirely
to blame for the accident. At a Coroners Inquest it was
established that at the time of the accident the driver had his
radio on and there was an open tabloid newspaper on the passenger
seat of the lorry, facing towards the driver. It was
the Defendant's case that the driver was not reading his
paper at the time of the actual accident and that he was not
distracted by the radio.
The HGV was also missing its nearside proximity mirror, which
had been knocked off in a separate incident on 4th April 2007. The
Defendant was aware that the HGV was missing this mirror when it
was driven on the day of the collision. It was the Claimant's
case that this mirror would have given the driver a better
opportunity to see Stephen as he passed along the inside of the
HGV.
It was also argued that the driver was negligent for failing to
check his mirrors when stationary, and that had he done so, he
would have seen Stephen cycle along the inside of the HGV and would
have been aware that he was positioned in front of the lorry,
thereby preventing the lorry from moving off before Stephen had a
chance to move himself.
Following extensive discussions between both parties the
Defendant agreed to pay Emma and her three children significant
compensation. The Defendants will also be responsible for Mrs
Ferguson's legal costs.
Mark Bowman, solicitor at Field Fisher Waterhouse commented:
"This was a tragic case highlighting the danger that HGVs pose to
cyclists on London's roads. Had the HGV been fitted with a mirror
so as to eliminate its frontal blind spot this tragedy may have
been averted. More needs to be done to ensure that cycling is a
safe and viable means of travel in London and to ensure that
accidents such as this are reduced in the future."
For further press information please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on 020 7861 4120.