FAI prelim hearing into death of man struck by Edinburgh tram on his way home from work

The court process for a fatal accident inquiry into the death of a man struck by an Edinburgh tram gets under way on Friday.

Carlos Hernan Correa Palacio died after he was fatally struck by a tram in the Saughton area of Edinburgh on September 11, 2018, while making his way home from work. 

The Crown Office and Procurator Fiscal Service has lodged a First Notice to begin the court process for an FAI in the 54-year-old’s death.

A preliminary hearing will be held at Edinburgh Sheriff Court on Friday.       

The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the deaths occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances. 

This FAI follows the prosecution and conviction of Edinburgh Trams Limited (ETL) for a contravention of Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974 at Edinburgh Sheriff Court on 24 August 2023. 

This Inquiry will explore the circumstances of Mr Correa’s death, with an anticipated focus on the process of risk assessment and safety management at ETL, in addition to issues surrounding pedestrian safety at non-motorised user (‘NMU’) crossings and an assessment of the audibility of warning systems fitted to ETL trams.

The inquiry is also expected to consider the structure for oversight and information sharing within the tram sector, including among regulators, operators, and other interested parties.

Procurator Fiscal Andy Shanks, who leads on death investigations for COPFS, said:  “The tragic death of Carlos Correa occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry will be held.     

“The lodging of the First Notice enables FAI proceedings to commence under the direction of the Sheriff.    

“Mr Correa’s family will continue to be kept informed of significant developments as court proceedings progress.”