The Fatal Accident Inquiry (FAI) into the death of Carlos Correa, after he was struck by a tram when crossing Edinburgh Trams at Saughton in September 2018, has determined that reasonable precautions could have been taken which have prevented the accident.
Mr Correa, 53, died after he was hit by a tram when using a designated crossing with Edinburgh Trams having already been fined £240,000 for contravention of the Health and Safety at Work Act. The FAI was called to establish the facts of the case and is inquisitorial in nature and does not seek to apportion blame.
In his determination Sheriff Douglas Keir found that there were reasonable precautions that could have been taken and had they been it might have realistically resulted in the death being avoided.
These included:
- Process of risk assessment and safety management at Edinburgh Trams Limited
- Design and layout of non-motorised user crossings
- Assessment of the audibility of warning systems fitted to the trams
Procurator Fiscal Andy Shanks said: “The death of Carlos Correa occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry was instructed.
“The sheriff’s determination is detailed and notes reasonable precautions that could have been taken to avoid Mr Correa’s death.
“The FAI followed a thorough and comprehensive investigation by the Procurator Fiscal who ensured that the full facts and circumstances of Mr Carlos Correa’s death were presented in evidence.
“Our thoughts remain with Mr Correa’s family at this time.”