A CYCLIST has been awarded compensation from Edinburgh council after sustaining “multiple” injuries while cycling on a road with tram lines.
While attempting to turn left in a narrow cycle lane in Leith, the cyclist, Harriet, had her back tyre wedged in the tram tracks, and she was thrown from her bicycle, leaving her with “multiple” injuries and a permanent scar.
Cycle Law Scotland – the cycling accident litigation firm who handled Harriet’s case – say that the accident was due to the Duke Street cycle lane being far too narrow, putting cyclists at risk of oblique contact with tram lines.
The Duke Street cycle lane is, at one point, only 0.33m wide – less than a quarter of the minimum recommended width of 1.5m.
Because of this, the firm says that Harriet was forced to take the turn from Duke Street westbound on Leith Walk wide and was pushed out into the tramlines at an oblique angle – which makes the risk of tramline-related accidents far higher.
Harriet brought legal action against the council, claiming the cycle lane is dangerously narrow.
It is understood that the council, while they ultimately decided to accept a settlement offer out of court – locking many of the details behind non-disclosure agreements – did not necessarily accept Harriet and Cycle Law Scotland’s interpretation of events.
A source pointed out that the point of the painted cycle lane highlighted is only briefly so narrow, and widens out again quickly, and that the actual distance between the pavement and the tramline is around 1.1m.
It is also understood that the council’s “risk averse” policy may have meant that they decided to settle the case out of court, rather than risk a lengthy and costly legal battle, even if they were confident of winning.
In a statement, Cycle Law Scotland said: “It’s considered good safety practice to ensure that cyclists can always cross tram rails as close as possible at 90 degrees.
“If cyclists are unable to cross tram tracks at 90 degrees, there is a high probability of a cyclist falling due to their bicycle wheel slipping or becoming stuck in the rail groove.
“The Council had been forewarned of the risks to cyclists of encountering tram tracks at oblique angles.
“The tram tracks on Leith Walk are part of the newer section of the Edinburgh tram network. With more than 700 recorded cycling accidents associated with the Edinburgh tram network since work began in 2009, the tram tracks are clearly an exceptional danger to cyclists.
“In extending the line to Leith, the Council should have taken even greater care to avoid introducing new hazards, yet this has not been achieved.”
The Council, however, has disputed this point, saying that they have been monitoring and mending ongoing “snagging” issues with the Trams to Newhaven contractor, and that they have made changes “across the city” to make cycling safer.
Transport and Environment Convener, Councillor Stephen Jenkinson said:
“Safety remains of paramount importance across our network. In the last few years, we’ve completed several flagship active travel routes which have enhanced accessibility and safety for cyclists including the City Centre West to East Link (CCWEL), Roseburn to Union Canal, and the latest section of Leith Connections.
“Across the city we have further designated safety measures in place for cyclists, particularly where they might interact with trams, buses, or other vehicles.
“These include advanced green lights, layout realignments, crossing points and increased signage.
“Getting more people to travel sustainably through active travel and public transport is one of the key objectives of our City Mobility Plan, and my focus is on making sure everyone can do this as easily and safely as possible.”
Cycle Law Scotland and Harriet declined to comment on further details of the case, saying that the information included in their case study reflects everything their client is comfortable sharing.
In 2022, it was revealed by the BBC that more than £1.2m in compensation had been paid out by the City of Edinburgh Council to cyclists injured in tramline-related accidents.
