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Chef’s widow challenges negligent driver

An award winning chef and proud father who died after being flung from his bicycle has been honoured by his widow, who this week launched legal action against the motorist responsible for his death.

In 2008, Dariusz Banasiak was cycling to work when he stopped at traffic lights controlling a junction in Streatham. As he pulled away to go straight across the junction, a lorry driver ploughed into Mr Banasiak, killing him instantly.

However, despite alleged negligence behind the wheel, the vehicle's driver Ronald Herbs faced no criminal charges.

Now, Mr Banasiak's wife Anna is launching a legal battle on behalf of her "wonderful husband", seeking compensation from Mr Herbs and the company he worked for, Cemex UK Operations Ltd.

"(Dariusz's) death has turned our lives upside down," she added. "I am not the same person and a part of me went with him."

According to Anna's solicitor, the HGV which struck Dariusz was fitted with a number of close proximity mirrors designed to give the driver a view of any cyclists close to the side or front of the vehicle. In addition, sensors which triggered an audible warning to the driver when there is a cyclist nearby were also on the vehicle. 

 "The case for negligence is that the lorry driver should and could have seen Mr Banasiak before turning left because he was there to be seen," added her solicitor.


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