Roadworks Firm Fined €1.2m After Car Plunged Into Lough Foyle, Killing Father and Two Children

A roadworks contractor has been fined €1.2 million after pleading guilty to health and safety breaches following a crash that killed a father and two children at Quigley's Point, County Donegal.

Court Ruling and Penalty

At Letterkenny Circuit Criminal Court, Judge Roderick Maguire found that the failures of Whitemountain Quarries Limited were the cause of the deaths of 49-year-old John Mullan, his six-year-old daughter Amelia and his 14-year-old stepson Tomás. The company pleaded guilty to breaches of the Safety, Health and Welfare at Work Act 2005 in relation to the R238 Greenbank Project at Three Trees, Quigley's Point. Whitemountain Quarries is part of the Breedon Group.

What Happened

The Mullan family were returning from a day out in Londonderry on 20 August 2020 when their car left the road and plunged into Lough Foyle during a national storm warning. The court was told the front passenger wheel slipped onto the hard shoulder within an area of roadworks. As Mr Mullan tried to regain control, the vehicle skidded across the carriageway, slid over the embankment and entered the lough.

A Forensic Collision Investigator's report concluded the car did not contribute to the collision.

Failures by the Contractor

The court heard that resurfacing works were underway on a 1.3km stretch of road for Donegal County Council. With adverse weather forecast and the project ahead of schedule, work on the hard shoulder had been planned for the following week. On the night of the crash, Whitemountain acknowledged it failed to manage and direct public traffic safely through the works.

• A subcontractor responsible for the traffic management plan was asked by a Whitemountain engineer to remove signage on the day of the incident; the company said it would replace the signage and cones itself.
• A stop-go traffic control system that had been in place was lifted, and planned periodic spot checks were not carried out that night.
• The new carriageway surface was at least 5cm higher than the hard shoulder; a stretch of northbound carriageway lacked central markings and visible cones, and the road surface had a very poor level of friction.

Survivor's Testimony

Geraldine Mullan, who survived the crash, gave moving evidence to the court about the loss. She described enduring and ongoing grief and said the accident was 'a preventable road traffic accident.' Ms Mullan recounted hearing the 'screams of terror' from her husband and children as the car plunged into the water, overturning and settling on the seabed. She described being pulled through a window into the water, swimming back to the vehicle, climbing onto the roof, and watching 20–25 cars pass before a passing family raised the alarm.

'There is no end to my grief. I will never get over our accident. It will live with me for the rest of my days,' Ms Mullan told the court.

She suffered serious injuries, including multiple fractures, and was later brought to identify the bodies of her husband and children.

Company Response and Aftermath

Whitemountain's chief executive, Declan Carr, offered a public apology in court: 'I know nothing I say can change your loss… we will carry the responsibility for it. I am truly, truly sorry.' The company cooperated fully with the Health and Safety Authority investigation, had no previous convictions, and says it has since intensified its focus on health and safety.