The family of a cyclist killed when he was hit by a driver in May 2009 has received compensation that the CTC says is the “highest ever sum of damages for a claim for fatal injury through the CTC’s insurance scheme.”
Father of four Kenny Lush, 47, was hit by motorist Deborah Hearn while on his way home from work on the A414 between Hatfield and Hertford.
Hearn left the scene but later gave herself up to police. She pleaded guilty to causing death by careless driving and in March 2010 she was banned for 18 months and ordered to pay £2,500 costs, a sentence that left Kenny Lush's family "devastated."
She was spared a jail sentence as she was then heavily pregnant.
Slater & Gordon, lawyers for the national cycling charity CTC pursued a civil claim against Hearn, which was settled last week.
"We don’t feel the driver responsible has been held accountable." - Karin Lush
Kenny’s mother Karin Lush said: “No amount of money can ever bring my son back.
“We have lost a son, husband, father and brother and we don’t feel the driver responsible for killing him has been held accountable in any way.
“She will probably have no idea how much we have gone through and how our family have suffered financially as a result of her actions that night.
“She killed him and drove off; there is no way we will ever get over that but it is some relief to know that his family and children will be looked after and have some degree of security even if they don’t have a father.”
The CTC has supported Kenny’s family throughout the process and has provided them with financial aid when needed.
An annual race has been set up in Kenny’s memory as he was an active and long standing member of the cycling community.
Liz Dux, lawyer from Slater & Gordon said: “I hope the significant settlement brings some sort of closure for the family and allows them to have some security for the future but nothing can bring Kenny back.
“Through representing the family since Kenny’s tragic death, I have got to know them very well. I have seen what a tremendous presence he was to the business and how hard it has been for them to keep the family firm going.
“The most upsetting aspect of this case were the actions of the motorist. The family just cannot reconcile their suffering to her lenient sentence.
“As a society we have still got the balance all wrong. Hopefully this settlement will go some small way towards lessening the pain for the family.”
CTC chief executive Gordon Seabright said: “There are no winners in this tragic story, but CTC are pleased that our partners at Slater & Gordon Lawyers have been able to secure this settlement for the family of Kenny Lush. Our work to win justice for cyclists in the face of scandalous sentencing has never been so important as now.”
Our official grumpy Northerner, John has been riding bikes for over 30 years since discovering as an uncoordinated teen that a sport could be fun if it didn't require you to catch a ball or get in the way of a hulking prop forward.
Road touring was followed by mountain biking and a career racing in the mud that was as brief as it was unsuccessful.
Somewhere along the line came the discovery that he could string a few words together, followed by the even more remarkable discovery that people were mug enough to pay for this rather than expecting him to do an honest day's work. He's pretty certain he's worked for even more bike publications than Mat Brett.
The inevitable 30-something MAMIL transition saw him shift to skinny tyres and these days he lives in Cambridge where the lack of hills is more than made up for by the headwinds.