Trams firm fined £240,000 over pedestrian death

Bus driver Carlos Correa Palacio died in September 2018

A tram company has been fined £240,000 following a pedestrian's death in Edinburgh five years ago.

Carlos Correa Palacio, 53, was struck by a tram on the Saughton Mains crossing as he made his way home.

Edinburgh Trams Ltd, which operates the tramway on behalf of City of Edinburgh Council, admitted a health and safety breach on Thursday.

Mr Correa's family said they hoped there would never be a repeat of the "needless tragedy".

Edinburgh Sheriff Court heard the tram's driver took a series of actions after first spotting Mr Correa on the crossing on 11 September 2018.

The driver first spotted Mr Correa when the tram was 73m away from the crossing. Twenty metres later he started sounding his bell and slowed down.

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When he was 18m from the crossing, the driver applied the emergency brake, which caused a warning horn to sound.

But Mr Correa, a bus driver, was unaware of the tram until it was too late to get out of its way.

A subsequent investigation by the Rail Accident Investigation Branch called for louder tram horns and improved visibility at such crossings.

The Crown told the court there had been no assessment of the foreseeable risk to pedestrians at Saughton Mains from an approaching tram prior to the incident.

A Crown Office image showing the crossing at the time of the accident

A criminal investigation found Edinburgh Trams Ltd had failed to carry out a suitable and sufficient risk assessment of the layout of the crossing, and to ensure that it provided sufficient notice and warning to pedestrians of the crossing itself.

The court also heard the company failed to assess the loudness of warning devices on Edinburgh trams, or the emergency braking distances of trams approaching the crossing.

Issues were also identified around regular reviews.

A near miss incident at Saughton Mains in November 2016 was reported but did not result in any action in relation to the risk assessment.

The investigation found there were no issues with the tram driver's driving and he had responded to the situation in accordance with his training.

The tram was in working order and the braking system was working properly.

'Ultimate price'

Mr Correa's family, in a statement, said they wished to thank the Crown for getting the case to court.

The family said: "Whilst their (Edinburgh Trams Ltd) guilty plea after five years is welcomed, it will not bring back my beloved Carlos.

"He paid the ultimate price for Edinburgh trams' failure."

Debbie Carroll, of the Crown Office and Procurator Fiscal Service, said Mr Correa lost his life in circumstances which could have been avoided.

She said: "Edinburgh Trams Ltd's failure to assess the risks posed to pedestrians using the crossing resulted in Mr Correa's death.

"This prosecution should remind duty holders that a failure to manage and implement effective measures can have fatal consequences and they will be held accountable for this failure.

"Our thoughts are with Mr Correa's family at this difficult time."