Family of man who died after van driven by brother crashed settles action for €260,000

The family of a young man who died after a van driven by his brother crashed into a tree has settled a High Court action over his death for a total €260,000.

Brian McDonald was 22 years of age and the father of a child when he died in the accident which occurred in late 2013 as he and his older brother delivered logs to a friend’s house in north Co Dublin.

In the High Court on Tuesday, Mr Justice Kevin Cross offered his sympathy “for the loss of a partner, father, son and brother in such tragic circumstances”.

The judge noted the settlement of €260,000 includes a payment of €150,000 for the deceased’s son Noah McDonald, now aged eight.

Counsel for the McDonald family, John Paul Shortt SC, earlier said the case arose out of tragic circumstances.

Brian McDonald, from Maplewood Avenue, Springfield, Tallaght, Dublin was a front-seat passenger and wearing a seat belt when the van went out of control on a road in north Dublin and struck a tree, counsel said. He unfortunately lost his life.

Edward McDonald Jnr (43), a brother of the deceased, took the action on behalf of the McDonald family of Springfield, Tallaght, against his younger brother, Desmond McDonald (32), Belfry Square, City West, Dublin who was the van driver at the time of the accident on November 25th, 2013.

It was claimed there was failure to stop, slow down or to make any attempt to avoid the collision. Liability was admitted in the case.

An inquest into Mr McDonald’s death heard the impact sent a tree trunk crashing down onto the van’s passenger side after the van crashed into the tree on a country road near Garristown on November 25th, 2013.

Dublin Coroner’s Court heard road conditions were bad on the night and the brothers had come across an accident shortly before they crashed.

A garda told the inquest five years ago that the stretch of the road where the accident occurred was “treacherous” and, if he was driving there, he would know from experience to drive very slowly.

Coroner Dr Brian Farrell said risk factors for the accident included the varying road surface, lack of signage warning about the dangerous bends and lack of reflectors.

The jury returned a verdict of death by misadventure in relation to Mr McDonald and added a rider at the time recommending that Fingal County Council improve markings and signage on the road and that the speed limit be reduced.