Death of man struck by Edinburgh tram could have been avoided, Sheriff rules
The death of a man who was struck a tram in Edinburgh in 2018 could have been avoided if reasonable precautions had been taken by the tram operator, a Sheriff has ruled.
Bus driver Carlos Hernan Correa Palacio, 53, suffered a fatal head injury when he was struck by Tram 260 in the Saughton area of the capital at about 12.10pm on September 11.
The father of three had been crossing the tramline on a 'non-motorised user' crossing near Stenhouse Drive, between the Balgreen and Saughton tram stops, when the crash happened.
The tram stopped a short distance beyond the crossing and an off-duty doctor on board commenced CPR in an attempt to save Mr Correa's life.
Police officers and Scottish Ambulance Service medics arrived shortly afterwards, but despite their efforts Mr Correa was pronounced dead at the scene about 35 minutes later.
Edinburgh Trams Limited (ETL) was fined £240,000 in August 2023 after admitting a breach of health and safety legislation over the incident in a hearing at Edinburgh Sheriff Court.
A fatal accident inquiry (FAI) into the incident took place at Edinburgh Sheriff Court earlier this year before Sheriff Douglas Keir, whose determination was published on Tuesday.
In it, Sheriff Keir extended his condolences to Mr Correa's family, saying: 'At the outset of the inquiry I extended my condolences to Mr Correa's family. I wish to formally repeat my condolences to Mr Correa's family in this determination.'
The document sets out that Mr Correa had moved into the path of the tram while it was about 18m (60ft) away from the crossing, having been 'seemingly unaware' of it due to a combination of him not looking and the tram's bell not being loud enough.
It adds that by the time it became clear Mr Correa was going to walk into the crossing it was too late for the driver to stop the tram.
The report also notes that the vehicle had been travelling at between 61km/h (37mph) and 66km/h (41mph) when Mr Correa first came into view, which was below the 70km/h (43mph) speed limit for this part of the line,
The tram was going at 53km/h (32mph) when the collision occurred.
The determination, which runs to more than 50 pages, states that a number of 'reasonable precautions' could have been taken by ETL that might realistically have prevented the incident.
These include making the crossing safer through signage and the addition of bollards or similar to alert pedestrians to the potential danger.
It also pointed to additional signs to warn drivers of the last emergency braking point before an NMU (non-motorised user) crossing, and boosting the 'audibility' of tram warning devices.
The determination describes CCTV footage of the moments leading up to the collision.
This shows, the report says, that the driver rang the tram's bell four times from the point they first saw Mr Correa when he was 73m (around 240ft) away, but that he did not react.
It was not until the driver applied the emergency brake – which automatically sounds a 'warning horn' – that Mr Correa looked up, but by then he was just 18m (60ft) away and it was too late.
The determination states that had the horn been used as the 'primary mode of warning in off-street areas' in accordance with industry guidance, and had it been loud enough, Mr Correa might 'realistically' have heard it at 73m away and been alerted to the approaching tram.
The determination also states that ETL could have performed regular risk assessments of these areas, to ensure the measures remained valid.
The FAI came after an investigation by the Rail Accident Investigation Branch (RAIB), which in 2019 found that the sound pressure levels of the warning bell and horn on Edinburgh trams were below the minimum industry specifications.
Sheriff Keir noted that the recommendations in the RAIB report have now been 'fully implemented', leading to 'significant improvements' in safety.
An ETL spokesperson said: 'We welcome the findings of this inquiry, and that the Sheriff is satisfied that the extensive measures we've introduced since this tragic incident meet the comprehensive and wide-ranging recommendations previously made by the RAIB.
'We have always co-operated with the RAIB and with other investigations to try and prevent a similar accident from happening again on or around our network.
'Providing a safe tramway for the city remains our overriding priority, and we will continue to work with the regulator and the Light Rail Safety and Standards Board to drive continuous safety improvements.
'Once again, we would also like to extend our apologies to the family of Mr Correa and all those affected by this tragedy.'
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
an hour ago
- Daily Mail
EXCLUSIVE Moment Bridgerton actress has her phone robbed by prolific Algerian thief in Joe & the Juice - before star heroically fights back in front of stunned customers
This is the moment a Bridgerton actress had her phone robbed by a prolific Algerian thief in Joe & the Juice - before the star heroically fought back in front of stunned customers. MailOnline can reveal for the first time CCTV of Genevieve Chenneour, 27, bravely defending herself after Zacariah Boulares, 18, snuck up behind her and grabbed her phone in the upmarket coffee shop on Kensington High Street, west London, on February 8. Around 18 months earlier, Boulares had threatened to behead Aled Jones with a machete as he stole his £17,000 Rolex in Chiswick, west London. The thief, then 16, was locked up for his attack on the Welsh chorister in October 2023 but was released from youth detention early after serving just 14 months of his 24-month sentence. Boulares, who can now be named and pictured after turning 18, has gone on to commit a spate of crimes, including robbing rising star Ms Chenneour, who plays rumour-monger Clara Livingston in hit Netflix period drama Bridgerton. The thug's extensive criminal history - 12 previous convictions relating to 28 offences - was laid bare after he pleaded guilty on May 29 to stealing Ms Chenneour's phone and assaulting another customer, Carlo Kurcishi. In exclusive footage obtained by MailOnline, the actress can be seen courageously fighting back against the hooded thief who targeted her while she was out with a friend on a dog walk. Speaking of the moment she fought off the teenage thug, Ms Chenneour previously told the Mail: 'They didn't expect me to stand up for myself – but I did.' CCTV footage shows brave the moment Bridgerton actress, Genevieve Chenneour fought back against the thug In the CCTV, Boulares can be seen prowling around the back of the café, waiting for Ms Chenneour's friend to leave her alone at the table when he ordered before he pounces. The hooded thief, wearing all black with a navy cap, then swipes the phone while Ms Chenneour has her back turned, but she quickly leaps into action and takes down the thief with the help of her friend. The fearless Yorkshire-born actress puts her arm out to block the thief from leaving and dislodges the phone from his hand. Retrieving the iPhone from off the floor, she then uses the device to strike Boulares who is left helpless on the floor. The commotion continued as shocked onlookers began to form a crowd in the popular café in Kensington. The tussle can then be seen spilling into the back of the café, where Ms Chenneour, her friend and Boulares can only be seen in CCTV in glimpses via a mirror. After around four minutes of scuffling, the humbled crook then points his finger in the face of Ms Chenneour's friend before walking out of the café without the phone. The actress previously revealed: 'I was left with a concussion just before the Screen Actors Guild Awards and since then, I've felt constantly on edge. 'Even my dog was traumatised - now, if anyone touches me, he panics and tries to protect me. 'Getting a coffee shouldn't be something you need your wits about you for. She courageously stood up to the thief, hitting him with the phone as he tussled with a man on the floor during the ordeal 'I'm so grateful to the staff at Joe & The Juice – they were incredible during the incident and when I went back to see them after.' Boulares appeared at Westminster Magistrates' Court on May 29, where he pleaded guilty to stealing the phone and assaulting Mr Kurcishi. To the charge of stealing a mobile phone of a value unknown belonging to the Bridgerton actress, he shouted: 'Guilty'. He also admitted stealing a black leather hand bag from a diner at a pizza restaurant in London's West End on 30 January this year. The defendant has been remanded into custody with sentencing scheduled for June 17 at Isleworth Crown Court in west London. More than 70,000 phones were snatched in London in 2024, out of an estimated 100,000 thefts across the UK. Ms Chenneour is a former athlete who joined Team GB's artistic swimming team at the age of 15. She was awarded an Olympic scholarship before the 2016 Games in Rio de Janeiro, but her sporting career was cut short by injury and she retrained as an actress. After appearing as a stunt double in the underwater sequences of period feature Gateway To The West, she landed her breakthrough role in the Regency drama. A source was previously quoted as saying: 'Genevieve showed real bravery throughout. It was a very shocking incident. 'It shows what is happening on London's streets on a daily basis. 'This was just another young woman going about her daily business. She's handled it brilliantly.' Genevieve Chenneour, pictured here at the premiere of Netflix's The Gentlemen at London's Theatre Royal Drury Lane in March last year, had her phone stolen in February this year Boulares went on to rob Ms Chenneour after being released from youth detention for the attack on chorister Mr Jones on July 7 2023. The Algerian national threatened Mr Jones with a 20-inch blade, demanding the 'f***king Rolex' on the singer's arm, while threatening to cut his limb off. Boulares could not be named at the time due to his age. After the terrified baritone gave the menacing youth his Dayton, Boulares later said he would 'cut [Jones's] head off' if the Songs of Praise star continued to follow him. The now 18-year-old appeared late to magistrates court late several times before he eventually pleaded guilty to robbery and possession of an offensive weapon at Wimbledon Youth Court. It was also heard the youngster had also stolen a £20,000 gold Rolex from a pensioner. His record was dubbed 'appalling' by Chairman of the bench Rex Da Roach. A Detention and Training Order (DTO) can be handed to teenagers between the ages of 12 and 17, where they serve half of their time in custody and are later supervised, by a Youth Offending Team. However after only 14 months the Algerian national was freed, and later went on to commit a spate of crimes, including at Joe & the Juice. A spokesman for the Met Police said: 'Police were called to a restaurant on Kensington High Street on Saturday, 8 February following reports of a theft and an assault. 'CCTV showed the suspect stealing a phone from the table and then assaulting a separate member of the public who confronted him. 'The victim of the assault was kicked and punched before the suspect left the premises. 'CCTV enquiries identified Zacariah Boulares as the suspect and he was arrested.
Daily Mail
an hour ago
- Daily Mail
Harold Shipman: New Mail podcast explores the 'unusual' early life of Doctor Death and the missed warning signs that foreshadowed his killing spree
On the latest episode of the Mail's 'An Appointment with Murder', forensic psychiatrist Dr. Andrew Johns and police surgeon Dr. Harry Brunjes interrogate the 'unusual' early life of serial killer Harold Shipman. They also examine how institutions failed to spot Shipman's increasingly erratic and suspicious behaviour, despite the trail of deaths that followed him from practice to practice. An Appointment with Murder is a brand-new true crime podcast that delves into the minds, methods, and motivations of medical murderers. Medical murderers are those who pervert their positions of trust, as doctors or nurses, to prey on the public. The season opens with a study of the infamous cases of doctors Harold Shipman and John Bodkin Adams. Shipman, a GP, is suspected of killing 215-250 patients between the years 1975 and 1998 by injecting them with lethal doses of diamorphine (medical heroin). Dr Andrew Johns, podcast co-host, was called to give expert testimony during the official inquiry into Shipman's murders. Adolescence Harold Shipman was born to a working-class family in Nottingham in 1946. He was the son of a lorry driver and the 'apple of his mother's eye', as Dr. Johns told the podcast. At 17, Shipman's mother, Vera, was diagnosed with lung cancer. At the time, there was no treatment for the illness apart from using opiates to manage pain. Dr Johns suspects that exposure to this class of drugs at a young age had a profound effect on the young man. He said: 'The GP would visit Vera at home and give her regular injections of morphine to relieve her pain. 'It's a highly addictive opiate that, in large doses, kills through respiratory depression. It simply stops you from breathing. 'Shipman witnesses the powerful effect of that drug on his mother and how it ultimately eases her passing. What impression did that doctor and needle have on him? ' When Vera succumbed to her cancer, it was Shipman who discovered her body coming home from school. To combat his grief, Shipman begins using Sloan's Liniment, a pain killer, recreationally. In high doses, the over-the-counter medication can produce a slight high. On the eve of moving to medical school, Dr John describes Shipman as an 'odd, reclusive chap'. Early Medical Career Shipman studies at Yorkshire's Pontefract General Infirmary and in 1971, is named House Officer of the hospital. Despite being only a Junior Doctor, Shipman certifies 133 deaths during his time at the hospital. As Dr Johns explains: 'As a Junior, Shipman is regarded as overconfident. The official inquiry conjectured that he started misusing the drug Pethidine around this time. 'Pethidine is also an opiate painkiller, but it's synthetic – it's prescribed for moderate to strong pain, unlike morphine, which is used for severe pain. 'At Pontefract, Shipman certifies 133 deaths. There's nothing particularly high about that number until you notice he was present at a third of all deaths. 'Junior Doctors are rarely present at the time of the death. Shipman was present at death 20 times more often than any other Junior Doctor.' After Pontefract, Shipman becomes a qualified GP and moves to Morton, a small town in Leeds, to work in a surgery. At this time, Shipman's judgment and general demeanour become more erratic with his addiction to opiates escalating. 'Shipman is dogmatic about his medical judgement. He's extremely critical of those he deems intellectually inferior', Dr Johns said. 'After several blackouts, including a collapse in front of patients, Shipman is found slumped over the wheel of his car. He claims he's epileptic. 'Following a routine audit, it is discovered that he has forged prescriptions for 30,000 milligrams of Pethidine. That is 600 normal doses.' Shipman admits to using the Pethidine recreationally and is fired and sent to a drug rehabilitation program in York. Despite a Magistrate's Court finding him guilty of forging prescriptions, the General Medical Council let Shipman off with a warning. He would then move to Hyde in Greater Manchester, again working as a GP, where the majority of his murders would take place.
Sky News
an hour ago
- Sky News
Ballymena protest: Fireworks, petrol bombs and glass bottles thrown at riot police as serious disorder deepens
Fireworks, petrol bombs and glass bottles have been thrown at riot police as unrest in Ballymena continued for a second night. Water cannon and plastic baton rounds were used to disperse hundreds of protesters in the Co Antrim town - with officers wearing armour and carrying shields. Several blazes were reported in the worst-affected areas, with cars set alight and house windows smashed. Police sirens continued to blare throughout the town past midnight. Clothes belonging to at least one protester caught fire during the disorder. Some properties displayed signs about the nationality of the residents inside - including one saying "British household". Sky correspondent Connor Gillies, who is in Ballymena, says some families have had to barricade themselves into the attics of their homes as the clashes worsen. "The talk here in this town is that it could go on for weeks yet," he added. The violent disorder started on Monday, following a peaceful protest supporting the family of a girl who was allegedly sexually assaulted in the area over the weekend. Two 14-year-old boys were charged with attempted rape and were remanded in custody when they appeared at Coleraine Magistrates' Court on Monday. The charges were read to them by a Romanian interpreter. The Police Service of Northern Ireland said on Tuesday that it had made a third arrest in connection with the alleged rape, and is continuing to urge anyone with information to come forward. The 28-year-old man has since been unconditionally released from custody following questioning. PSNI Assistant Chief Constable Ryan Henderson described the scenes in Ballymena as "racist thuggery" and said the force was "actively working to identify those responsible" for the "racially motivated disorder". Mr Henderson said people from ethnic minorities have "felt fear" - and there will be a significant policing operation in the town in the coming days to reassure the community. At least 15 police officers were injured on Monday. A 29-year-old man was arrested during the unrest on Monday night and charged with riotous and disorderly behaviour, attempted criminal damage and resisting police. Mr Henderson said other arrests are expected following the examination of video footage. Local MP Jim Allister said tensions over immigration had been building for some time. Mr Henderson said there was no intelligence suggesting the disorder was orchestrated, but added that some at the protest were "clearly intent on violence" and had prepared petrol bombs and masonry to use as missiles. Downing Street said there was "no justification" for the violence. Sir Keir Starmer's spokesman said: "The disorder we saw in Ballymena is very concerning." He added: "Obviously, the reports of sexual assault in the area are extremely distressing, but there is no justification for attacks on police officers while they continue to protect local communities. "PSNI and the justice system must be allowed to carry out their jobs and our thoughts are with the victims of the assault as well as the police officers who were injured." Hilary Benn, secretary of state for Northern Ireland, said on X that the "terrible scenes of civil disorder" seen on Monday and Tuesday night "have no place in Northern Ireland".
