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Cyclists win first two cases following Edinburgh tram track falls

Dozens more claims likely to follow following decision of Court of Session

 

Two cyclists have won cases against Edinburgh Trams in rulings that are likely to trigger dozens more similar claims.

Elizabeth Fairley and Iain Lowdean were injured when they came off their bikes as they crossed tram tracks in separate incidents in the Scottish capital.

The Scotsman reports Lady Wolffe, who presided over the cases at Scotland’s highest civil court, The Court of Session, as saying: "There was no breach of duty on the part of either pursuer; they bore no responsibility in law for the accidents that befell them."

Ms Fairley had sued Edinburgh Trams and Edinburgh City Council after she came off her bike at Haymarket.

Mr Lowdean sued the council and Transport Initiatives after he was injured when he fell off his bicycle on Princes Street.

According to The Scotsman, while damages were agreed in both cases, liability was contested.

In her judgment, Lady Wolffe said: "There have been numerous other accidents involving cyclists and the tram infrastructure. These two actions are the first of these claims to come to proof."

Describing the incident in which she was injured Ms Fairley, aged 58 and a nurse, said: "I crossed there to get across both tram tracks, but I had to straighten up because there were cars."

She sustained injuries to her knee and face in the incident in October 2013, and told the court: "I knew from that previous experience you had to cross them, if at all possible, at 90 degrees. It is not always possible, but anything to avoid your wheel getting dragged back into the tram tracks.

"I was looking at the front wheel and trying to get that over and trying to avoid the cars passing. Something pulled me into the tram track and threw me over in the path of the cars that were overtaking me."

"I have to think it was the back wheel slipping back into the tram tracks,” she continued.

"It all happened in a split second. The bike got thrown over. I got thrown over to the right hand side and fell on the road."

In 2015, a partner at Thompsons Solicitors, acting for cyclists on almost 100 claims against the city council for falls allegedly caused by tram tracks, warned that a fatality was “absolutely inevitable” unless action was taken.

Two years later, in June 2017, medical student Zhi Min Soh died after she was thrown into the path of a minibus when her wheel became stuck in a tram track at the junction of Princes Street and Lothian Road.

Last year a paper was published called Tram system related cycling injuries, co-authored by Professor Chris Oliver, a retired trauma and orthopaedic surgeon at Edinburgh Royal Infirmary and former chair of Cycling UK in Scotland.

Researchers studied emergency admissions to hospitals in Edinburgh and West Lothian of patients with tram-related injuries between May 2009 and April 2016, identifying and identified 191 cyclists who had been injured, 119 male and 72 female.

One in three patients – 63 in total – suffered fractures or dislocations, 55 of those to upper limbs, eight to lower limbs, and two to the face.

A wheel being caught in the tram track was attributed as the cause in 142 cases, and 32 incidents were said to have been caused by a wheel slipping on a tram track, usually when it was wet.

Over half of the victims, 120, said their crashes had affected their confidence and 24 people did not return to cycling afterwards.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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A V Lowe | 4 years ago
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Noting the report on the recent success of claimants for injuries sustained on Edinburgh tram tracks. As an engineer, whose first experience if working on railway tracks was in 1968, with this linked to building cycle paths, and perhaps the first 'cycle-scale' cattle grids, I've been involved in designing out the risks delivered when tram tracks, and other steelwork is embedded in pavements - largely road carriageways, and the closely related, highly skewed level crossings.

When the Nottingham Tram system was being planned (20 years ago), I worked with HMRI and Nottingham's Pedals group, to help the project team deliver what, at the time was track to the best standard possible. This drew on the long established standards from the 1870 Tramways Act, still underlying modern tramway bills, plus the remarkably consistent set of height limits (and profiles) for vertical 'steps' in highway pavements - 3mm for slippery ironwork, tar sealed joints and thermoplastic markings, 6mm for paving slabs, dropped kerbs, railway level crossing surfaces, tactile paving ridges (this being tested by TRRL with cycle tyres hitting the ridges at an oblique angle, when whetted with a water-detergent solution). The basic result is delivered in the diagram used for the ORR guidance for tram track design (illustration P7), and the quality of the transverse profile we delivered for NET Phase 1, still, after nearly 20 years, in good order. 

Studies of Edinburgh, and Toronto casualties, return some consistent detail. Around 70% of the falls arise when the front tyre is rotated on the 2 smooth edges of the flangeway groove and drops into the slot , which is exactly the right width (c 35mm -tapered) to lock the regular town bike tyre (37mm) size solid, and bring the bike to an abrupt halt. This will happen especially when the cyclist is crossing the rails slowly, and is unable to resist the force turning the handlebars. More on this later, but perhaps counter intuitively, crossing the rails faster, with a firm control of the steering reduces the risk of this happening.  A further 20-25% of crashes are caused by the tyres sliding sideways along the 2 smooth edges, as the tyre contact patch (approx 120mm long) is not bridging to high friction pavement either side of the rail. These crashes happen when crossing at all angles, when the rider is turning or braking, and putting a side force on the tyre.

By comparison its worth noting the case of Roe vs Sheffield Supertram, where car driver lost control and crashed, where it was found to be the height of the rail, projecting over 3mm above the road pavement, formed a key causal factor in this case. From new, Edinburgh's on-street track has been well adrift from the ORR's standards for transverse profile, delivering not just a flangeway groove to tackle, but the 2 poured seals (which shrink, detach from rail & pavement, and get ripped out by bus tyres) plus the lumps coming loose & falling out of the concrete track slab, where it has cracked and is rocking through ground settlement, with the tyre 'snatching' holes and steps where the tarmac and other pavements abutting the concrete have moved and sunken down , and the manhole/valve chamber ironwork which continues to sink - requiring a repair every 6-9 months. It was interesting that no reference was made to the Roe case, despite it being very clear that the transverse profile of  the embedded rail on the Edinburgh system leaves much to be desired, in comparison with that in Manchester, Nottingham and Blackpool.

Edinburgh tracks were being laid contemporous with work in Blackpool and Manchester, and it was noted at the time, that there was a massive difference in the quality of the work, as I've recorded in Albums for my Flickr account (A V Lowe). Manchester's team, are now consistently delivering embedded tram rails with high friction concrete finish, precisely 2mm higher than the abutting rail and its thin rubber insulating boot, leaving only the flangeway slot and smooth rail to deal with. Contrast this with the ploughed field effect that the rails present to cyclists in Edinburgh.  No surprise then that Manchester has fewer crashes.

There's also a further cause of Edinburgh's problems, which started with the need to fix the track on Princes Street before trams had even started running - the original design had tarmac right up to the rails' rubber 'boots' . Tarmac is effectively a very thick 'fluid', and this arrangement, rapidly moved away from the rails leaving big slots, cracking, and with chunks falling out. So the whole job had to be re-done mainly with black-coloured concrete extending out to the edge of the buried track slab, and some tram-only areas laid with stone blocks - which have sunk, come loose, and broken in various places. Manchester had similar problems with the original street tracks, and clearly the lesson was learned - the new contracts provide for the sub-grade, on which the track slab is laid, to have minima for ground strength (California Bearing Ratio = 15 or better), and cohesion (Vane test). The Manchester works anticipated measured remedial work, if the required ground conditions were not met.

Edinburgh's track is laid on a 'beach' with a bed of fractured shale below this, and it is 'wet' - the railway tunnel under Scotland Street struck wet (running) sand on its way to Waverley.  To build the track, the streets, with around 200 years of compaction, and a load spreading construction system of stone setts - very probably on a puddle clay bed - the C18th equivalent of a geotextile membrane, were stripped and material removed. The cracking of the finished track slab, and sinking carriageways suggests that there may be some issues with the ground beneath the pavements and track slab, in addition to the poor transverse profile of the embedded rails.

There is also a system which has totally eliminated cyclists' falls on railway crossings since 2005, and has delivered this in the UK since 2014 (Cycling writer Roger St Pierre's brother being a victim on the first UK crossing to get the system before it was fixed). Unfortunately this system can only be used with main line railways (BR113A vignole rails), and would need to be designed in from the start - on a new tram line - or a VERY expensive job on an existing route, built with lighter, and smaller tram-section rails... I was involved in bringing this to the UK and the first location on a popular road club circuit on the A684 near Bedale, where it eliminated at least one hospital/RIDDOR call every month, for a 'broken cyclist'.

A second option to mitigate the classic falls seems possible, by removing one of the 2 smooth edges on which the cycle tyre can slide. I've done some preliminary work, and demonstrated the tyre-slide effect, with Birmingham Cyclists, but as yet no one has come forward with support to test this in the field. It could be done initially (with a cheap but less robust high friction tape - as used by British Cycling to treat manhole covers for road race circuits) on the over-run tracks at York Place in Edinburgh, or perhaps the currently closed off track at Stephenson Street in Birmingham, or the new/rail renewal works in Trafford, Sheffield, and Croydon. It might last 2-6 months with traffic running over it, based on what I've seen in use.

Ultimately a solution of complete rebuild of the carriageways between Haymarket Terrace and St Andrew Street, might be better addressed by aligning with many other European cities and putting the route underneath Princes Street, extending this back to Haymarket if possible. This would resolve many compromised details, both in of the siting of tram stops, the interaction with motor traffic, the issues for cyclists, and the problems with the track & carriageway pavement, which are visible and obvious from the many cracks, sunken areas & repairs that have been made.

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A V Lowe | 4 years ago
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crazy-legs | 4 years ago
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Quote:

That looks dreadful- not sure how it's supposed to work with cars, yet alone bicycles.  And what does 'footpath closed due to crushing zone with tram' mean?  Is it normal for trams to include 'crushing zones'?  It looks as if they've just forced a tram line in there and decided to hell with all other transport modes.

The opposite: the building works on the left are new(ish) - certainly newer than the tram tracks - so while they're building whatever it is, the footpath is closed and people are told "don't walk down the side of the construction site because if a tram is coming it will pin you against the side".

Quote:

That said, here's an example of "vastly superior" in Manchester:

Cycling - there is actually a waymarked cycle route (I guess the equivalent of a London Quietway) just before that point, on Todd Street. Takes you down the side of Cathedral Gardens rather than across the 4 lanes of tram tracks at Corporation Street.

I didn't say it was perfect - there are plenty of bits that I look at and think - hmm, that's a bit of a fudge. But given that it's nearly 100km of line and has been running since 1992 (albeit on a far smaller scale than now), it's still got a much better safety record with cyclists than the Edinburgh line which is 1/10th the size and has only been operational for 4 years.

Quote:

To be honest, I dislike trams.  They all seem like vanity projects to me.  Probably pushed by that 'monorail' guy out of the Simpsons.

The major problem with them is if there's an incident or accident along one of the lines and there have been many case of fuckwitted motorists blindly following a tram from a road-running section into a segregated section and then getting stuck on the rails and needing their car lifted off and then the rails need checking...

Which means no trams along the entire line until all that is finished, it's not like a bus where you can just say "turn left here, cut out that bit of road and re-join it 100m further along".

On the plus side, they're much faster than buses, zero emission and you can fit more people on them.

 

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crazy-legs | 4 years ago
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Quote:

Perhaps it should have been considered at the planning stage, but hey, only cyclists..

Planning?! Ha. Edinburgh Trams was one of the most badly planned and implemented infrastructure builds in the UK - several years late and about £775-million (double the estimated cost) for a single 9 mile tram line. A litany of cock-ups, political arguments, contractual disputes and heavy public criticism dogged it at every stage. The tracks along Princes Street failed not long after installation (crumbling tarmac where the tracks were inlaid) and some genius came up with the idea of a cobbled trackbed which had to be dug up and replaced after objections from cycling groups about safety. There were lots of objections rasied during construction and becasue of the political arguments around it all and the massive delays, none of them were listened to and the result is this - the council having to pay out yet more money in compensation for incidents that should never have happened.

Manchester Metrolink managed to build nearly 100km of track for not much more than that, on time, on budget and while it's far from perfect with regards to cyclists (there was one cyclist death in 2016), compared to Edinburgh it's safety record is vastly superior. It can be done properly with a bit of thought at the design stage. Edinburgh had none of that.

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burtthebike replied to crazy-legs | 4 years ago
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crazy-legs wrote:

Quote:

Perhaps it should have been considered at the planning stage, but hey, only cyclists..

Planning?! Ha. Edinburgh Trams was one of the most badly planned and implemented infrastructure builds in the UK - several years late and about £775-million (double the estimated cost) for a single 9 mile tram line. A litany of cock-ups, political arguments, contractual disputes and heavy public criticism dogged it at every stage. The tracks along Princes Street failed not long after installation (crumbling tarmac where the tracks were inlaid) and some genius came up with the idea of a cobbled trackbed which had to be dug up and replaced after objections from cycling groups about safety. There were lots of objections rasied during construction and becasue of the political arguments around it all and the massive delays, none of them were listened to and the result is this - the council having to pay out yet more money in compensation for incidents that should never have happened.

Manchester Metrolink managed to build nearly 100km of track for not much more than that, on time, on budget and while it's far from perfect with regards to cyclists (there was one cyclist death in 2016), compared to Edinburgh it's safety record is vastly superior. It can be done properly with a bit of thought at the design stage. Edinburgh had none of that.

We had a poster in one design office I worked in "The great thing about not planning is that failure comes as a complete surprise."

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Accessibility f... replied to crazy-legs | 4 years ago
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crazy-legs wrote:

Manchester Metrolink managed to build nearly 100km of track for not much more than that, on time, on budget and while it's far from perfect with regards to cyclists (there was one cyclist death in 2016), compared to Edinburgh it's safety record is vastly superior. It can be done properly with a bit of thought at the design stage. Edinburgh had none of that.

Most of Metrolink is on existing railways.  Only a few bits in Manchester and Salford (plus the extension to Eccles) are new.

That said, here's an example of "vastly superior" in Manchester:

https://goo.gl/maps/8wAdbCzNzRcS4X896

Imagine being held at those lights and then wanting to go straight on under a green, while someone is trying to overtake you.  Deathtrap.

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FluffyKittenofT... replied to Accessibility for all | 4 years ago
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Peowpeowpeowlasers wrote:

crazy-legs wrote:

Manchester Metrolink managed to build nearly 100km of track for not much more than that, on time, on budget and while it's far from perfect with regards to cyclists (there was one cyclist death in 2016), compared to Edinburgh it's safety record is vastly superior. It can be done properly with a bit of thought at the design stage. Edinburgh had none of that.

Most of Metrolink is on existing railways.  Only a few bits in Manchester and Salford (plus the extension to Eccles) are new.

That said, here's an example of "vastly superior" in Manchester:

https://goo.gl/maps/8wAdbCzNzRcS4X896

Imagine being held at those lights and then wanting to go straight on under a green, while someone is trying to overtake you.  Deathtrap.

 

That looks dreadful- not sure how it's supposed to work with cars, yet alone bicycles.  And what does 'footpath closed due to crushing zone with tram' mean?  Is it normal for trams to include 'crushing zones'?  It looks as if they've just forced a tram line in there and decided to hell with all other transport modes.

 

To be honest, I dislike trams.  They all seem like vanity projects to me.  Probably pushed by that 'monorail' guy out of the Simpsons.

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A V Lowe replied to FluffyKittenofTindalos | 4 years ago
1 like

Quote:

That looks dreadful- not sure how it's supposed to work with cars, yet alone bicycles.  And what does 'footpath closed due to crushing zone with tram' mean?  Is it normal for trams to include 'crushing zones'?  It looks as if they've just forced a tram line in there and decided to hell with all other transport modes.

 

To be honest, I dislike trams.  They all seem like vanity projects to me.  Probably pushed by that 'monorail' guy out of the Simpsons.

The footway is closed because of building work taking place on the site beside the tram tracks - for trams only - connecting the second city crossing on Corporation Street with the original line on Balloon Street as they go in to Victoria Station.  The sign is something cobbled up by the person planning the signage for the work and frankly is crap wording.

The 1935 Highway Code had a sign 'Tram Pinch' of which the last example was in use in Blackpool, until the tracks were rebuilt outside the Metropole Hotel.  Given the poor design of tracks at many locations, where the Developed Kinetic Envelope if the tram overlays the carriageway or other pavement used by cyclists, or pedestrians, we need to see more use of that sign.

The tram tracks beyond the footway closure here, are, in theory, exclusively for trams, and the Manchester system normally uses the line of the footway/cycleroute kerb to mark the edge of the DKE.  There is thus very little clearance between a tram and the site hoardings, and this is a 'blind corner' with, I note, a nice clean (new) 10mph speed limit sign for tram drivers. Depending on the duration of the work a TRO might have been used, so that a "No Pedestrians" sign could have made walking in the path of a tram an offence, and the message very much clearer.    

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A V Lowe replied to crazy-legs | 4 years ago
1 like

crazy-legs]</p>

<p>[quote wrote:

Perhaps it should have been considered at the planning stage, but hey, only cyclists..

Planning?! Ha. Edinburgh Trams was one of the most badly planned and implemented infrastructure builds in the UK - several years late and about £775-million (double the estimated cost) for a single 9 mile tram line. A litany of cock-ups, political arguments, contractual disputes and heavy public criticism dogged it at every stage. The tracks along Princes Street failed not long after installation (crumbling tarmac where the tracks were inlaid) and some genius came up with the idea of a cobbled trackbed (Wrong - see my comment)which had to be dug up and replaced after objections from cycling groups about safety. There were lots of objections rasied during construction and becasue of the political arguments around it all and the massive delays, none of them were listened to and the result is this - the council having to pay out yet more money in compensation for incidents that should never have happened.

Wrong - the original track had tarmac laid right up to the edge of the rail insulating boot and its poured polymer seal. Within a very short time, well before trams actually started running, the tarmac pavement, which is essentially a very stiff fluid, began to move under the forces coming through the tyres of motor traffic, notably the 10-18 Ton buses accelerating and braking.  The whole track had to be redesigned and black coloured concrete shoulders were extended outwards, and the space between the rails also filled with a concrete screed.  At tram stops to deter all other traffic, the surface was laid in rough finish stone setts with a boundary of flush-laid stone kerbs. The setts are laid with a loose bond, which means they can work loose in their mortar bed (basically a crap way to lay stone setts if you're expecting heavy traffic to run over them, and not have heavy maintenance issues).  The rebuilding of track on Princes Street and Shandwick Place cost time & money - and I regularly meet the guy from the bus operator who was involved with this redesign - we were both railway engineers in the 1970's - so I think my explanation is perhaps more credible?

Quote:

Manchester Metrolink managed to build nearly 100km of track for not much more than that, on time, on budget and while it's far from perfect with regards to cyclists (there was one cyclist death in 2016), compared to Edinburgh it's safety record is vastly superior. It can be done properly with a bit of thought at the design stage. Edinburgh had none of that.

In the case of Manchester Airport - ahead of time and on budget, and funded by TfGM.  There have been 4 cyclists killed on tram tracks. 2 by trams and 2 by bus drivers.

Death on Manchester Metrolink was a cyclist hit by a tram when riding across a level crossing. Unlike Croydon, Blackpool, and possibly Nottingham, reserved tracks on Metrolink and Edinburgh both lack track infilling extending from level crossings to provide under-run protection, where the tram lifeguard can push a victim along and prevent them going under the tram. There was a similar fatality in Morden Hall park on the re-routed cycle route, which had not been re-assessed for the level crossing risk in the new location, plus the victim appeared to be using an ipod to listen to music, and failed to hear the horn, brakes & other noise made by the approaching tram.

Deaths in Croydon and Edinburgh were cyclists who fell on the tracks making right turns, with buses being driven close behind (see Chris Oliver's paper 
“Tram System Related Cycling Injuries” https://buff.ly/31ZCMPJ to explain why this is very relevant) in both cases the bus drivers (both female) failed to stop before running over the victim. In Croydon the speed limit is 30mph, but the bus would have been travelling slower to negotiate the 120 degree bend. In Edinburgh the speed limit is 20mph. Disturbingly neither driver seems to have even been cautioned, and Rabbies Tours in Edinburgh had a reputation  for harassing cyclists.

I'll post a more detailed piece separately - Tony or Simon might want to discuss an article on tram tracks & level crossings at some stage.

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ktache | 4 years ago
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I'm guessing, and I'm quite happy to be corrected, is that these are just painted cycle lanes, if at all, thus leaving the cyclist with the choice of the messing with dangerous vehicles or the risky tracks.  It might seem that the cyclist was an afterthought with the layout of the system, with motorists impatiently passing the riders and not understanding the extra room needed when negotiating tracks.

Maybe the answer would be a fully protected route which would the cross the tracks at a relevant angle, seperated from the motor vehicles.  Perhaps it should have been considered at the planning stage, but hey, only cyclists..

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