Edinburgh Trams Limited – operator of the Edinburgh Trams system – have been fined £240,000 after admitting a health and safety breach over the death of a pedestrian in 2018. Carlos Correa Palacio, 53, was hit by a tram at Saughton on 11th September 2018 in an accident which the Crown Office and Procurator Fiscal Service said could have been avoided if a full risk assessment had been undertaken on the crossing.
In the accident Mr Correa was hit by a tram when crossing the tracks at Saughton. The RAIB undertook an investigation into the accident and this showed that there were no issues with the braking system on the tram. The driver of the tram first spotted Mr Correa when the tram was 73 metres from the crossing and 20 metres later the driver started to sound the bell and slow down. 18 metres from the crossing the driver applied the emergency brake which caused a warning horn to sound. However, this was too late to prevent a collision. Mr Correa died of his injuries.
In their investigation the RAIB recommended louder tram horns and improved visibility at any similar crossings.
A subsequent investigation by the Crown ruled that there had not been a sufficient risk assessment and that there was not enough warning to pedestrians that a crossing was approaching. There was a near miss at the same crossing two years previously but this did not lead to any changes.
Debbie Carroll, from the Crown Office and Proscurator Fiscal Service, 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.”