Geraldine Mullan appeared at Letterkenny Circuit Court to deliver a heart-wrenching victim impact statement following the August 20, 2020, road incident in Co Donegal that claimed the lives of her husband, John Mullan, and their two children, Tómas, 14, and Amelia, 6. The family’s car left the R238 road, slid down an embankment at Quigley’s Point, and entered Lough Foyle. Mrs Mullan, a specialist cancer nurse and the sole survivor of the crash, told the court that there is simply no end-line to her grief.
According to Health and Safety Authority Inspector Brian McHugh, the Mullan family was returning to their home in Moville on the Inishowen Peninsula after a family day out at the cinema and bowling alley in Derry. The tragedy occurred during Storm Ellen while a Status Yellow weather warning was in place. Mrs Mullan stated that they encountered roadworks with no road markings near Quigley’s Point at Three Trees. The family’s Mitsubishi car hit the hard shoulder, and John Mullan lost control as the vehicle skidded across the road and into the water.
In her statement to Gardaí, Mrs Mullan recalled that the front passenger wheel felt like it slipped down between the finished tarmac and the old part of the road. Her husband shouted “Oh Jesus,” the children screamed, and she called out “Oh, no, no” before the vehicle plunged into Lough Foyle. Mrs Mullan managed to escape her seatbelt, felt as though she was sucked out of a window, and climbed onto the upturned car, where she screamed for help while up to 25 cars passed by.
Did You Know? Geraldine Mullan spent 36 hours in hospital receiving treatment for her injuries after refusing pain relief from paramedics because she wanted to remain fully alert.
Roads company Whitemountain Quarries Ltd has entered guilty pleas to two indictments concerning the incident. State barrister Fiona Crawford informed the court that the penalties for the indictments carry a fine of up to €3 million. Senior Forensic Collision Investigator Garda Gerard McCauley reported that the hard shoulder was 6 centimetres lower than the center of the roadway, and that there was a lack of road markings, lighting, and signage on the R238.
During the court proceedings, Whitemountain Quarries CEO Declan Carr took the stand to apologize on behalf of the company. “I am truly, truly sorry for your loss,” Mr Carr said, admitting that the company failed to meet required standards. Ronan Kennedy SC, barrister for Whitemountain Quarries Ltd, which is now part of the Breedon Group, asked Judge Roderick Maguire to accept the company’s remorse and cooperation. Judge Maguire adjourned the case until next week, requesting practical examples in bullet points detailing how the company has learned from the tragedy.
Frequently Asked Questions
What caused the road incident on August 20, 2020?
According to evidence presented by HSA Inspector Brian McHugh and Senior Forensic Collision Investigator Garda Gerard McCauley, the family’s vehicle hit the hard shoulder of a resurfacing project on the R238 where road conditions included a 65-millimeter drop, a hard shoulder 6 centimeters lower than the center road, and a lack of proper road markings, lighting, and signage.
How did Geraldine Mullan survive the crash?
Mrs Mullan managed to remove her seatbelt after the car entered Lough Foyle, escaped through a window, climbed onto the upturned car, and screamed for help until she was rescued by local residents Gerard and Linda Crossan, alongside others, before emergency services arrived.
What legal charges are Whitemountain Quarries facing?
The company has entered guilty pleas to two counts of failing to discharge an employer’s duty under section 12 of the Safety, Health and Welfare at Work Act 2005 by failing to ensure that non-employees were not exposed to risks to their safety and welfare during roadworks.
What practical examples of safety improvements will Whitemountain Quarries provide to the court before the final sentencing next week?
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