'My husband died in lorry crash. Now I want justice'

The widow of a chef who died after being hit by a lorry as he cycled to work has launched a legal battle against the driver and his company.

Father-of-one Dariusz Banasiak was crossing a junction in Streatham when the heavy goods vehicle turned left into his path and crushed him. The driver, Ronald Herbs, faced no criminal charges, but Mr Banasiak's wife Anna is suing him and his company, Cemex UK Operations, for negligence.

The firm said it was "disappointed" and an inquest into Mr Banasiak's death recorded a verdict of accidental death after hearing he was wearing earphones at the time of the crash.

Ms Banasiak, 36, who lives in Streatham with son Mateusz, 15, said: "Dariusz was a good person, a wonderful husband and excellent father. His death has turned our lives upside down. I am not the same person and a part of me went with him. Time cannot heal the pain."

The accident happened in October 2008 when Mr Banasiak, 33, who worked at the Pitcher and Piano in Streatham, pulled out at traffic lights at the junction of Mitcham Lane and Ambleside Avenue.

His widow backs the 2WayStreet campaign launched by her solicitors Russell Jones & Walker and cyclists' group CTC to raise awareness of the dangers of HGVs. Richard Geraghty, partner at RJW, said: "Mr Banasiak was an experienced cyclist killed at a junction he'd cycled across many times before."

A Cemex spokesman said: "The death of Dariusz Banasiak was a tragic incident and devastating for his family and friends, as well as for Cemex, especially our driver.

"We are disappointed Mr Banasiak's widow is mounting a civil case as the Coroner's verdict was accidental death. Our vehicle was fitted with mirrors, proximity sensors and audible warnings. This may not have been heard by the cyclist who was wearing earphones."

In the year to July, 10 cyclists were killed in London, five in cases involving HGVs.