THE family of a man killed by a drink driver have been awarded €16K in a court settlement approved by the Circuit Court.
Stephen McElwaine was just 34 when he died in hospital two days after the crash at Ballynaglack, Stranorlar, on June 16, 2012.
Barry McFadden later pleaded guilty to five different charges which resulted in the death of Mr McElwaine.
In November 2013 McFadden (34), from Drumkeen, admitted causing death by dangerous driving, drink-driving, driving whilst disqualified and driving without insurance when his white work van left the road.
Judge John O’Hagan jailed McFadden for four years for causing death by dangerous driving, suspending the last year of the sentence.
McFadden was also given two concurrent six month jail terms for drink-driving and driving whilst disqualified and banned him for driving for ten years.
This month’s sitting of the Circuit Court heard Peter Nolan, barrister for the McElwaine family, detail how McFadden’s car was uninsured and a settlement had been offered by Motor Insurers Bureau of Ireland (MIBI) – the organisation which deals with uninsured traffic incidents.
Mr Nolan told the same judge – Judge O’Hagan – that the bureau and the Personal Injuries Assessment Board had made the low offer on the grounds that Mr McElwaine hadn’t been wearing a seatbelt and had known McFadden had been drinking.
The barrister said Mr McElwaine was unmarried but was he father of two children, now aged 17 and 11, from different relationships.
Mr McElwaine’s sister Tracey was asked by the judge to take the stand and asked what should be done with the money.
She said the family had met, had expressed no view on the matter other than to agree that the judge should decide what should be done with the overall award of €25,394.
“It’s up to you judge,” she said, “the family are happy with whatever you decide.”
The judge said €8,497 should be paid to funeral directors and stonemasons in respect of the funeral.
The judge ordered that Mr McElwaine’s parents and siblings should receive €1,666.66 each and that his sons should receive €3,301.50 each.
Judge O’Hagan remarked that the case was “extremely sad” and expressed the hope the family could move on after the tragedy.