Zhi Min Soh

On 31 May 2017, 23-year-old old medical student Zhi Min Soh was killed when she was run over by the Rabbie’s Tours Mercedes 16-seater minibus just beyond the junction between Princes Street and Lothian Road.

At the time, there was speculation that it was her bicycle’s wheel which had become trapped in a tram rail and that had caused her to lose balance but the exact cause of her fall is not known.

It is agreed, however, that after she fell, the driver of the tour bus failed to stop in time and collided with her, dragging her underneath the bus.

Despite the incident happening at rush hour in the busy city centre, there were no eyewitnesses to the collision, nor was there any clear CCTV footage available. The road policing investigation report into the collision did not identify any conclusive physical evidence at the scene to explain what had caused Ms Soh to fall from her bicycle. There were a number of theories explored. The physical evidence at the scene did reveal that she had fallen onto her offside.

It was never disputed that the driver of the tour bus had been travelling behind Ms Soh on Princes Street and that the driver had been aware of her presence on the road. The minibus driver was driving within the 20mph speed limit but had been closing up on Ms Soh on approach to the junction. When she fell from her bicycle and onto the road, the driver was unable to take evasive action or stop in time.

The insurers denied liability stating that the close proximity between Ms Soh and their policyholder’s vehicle did not demonstrate negligence on the part of the driver. Following the denial of liability, Cycle Law Scotland raised a claim on behalf of Ms Soh’s family against the motor insurers.

There was no formal admission of liability but the insurers agreed to compensate the family for their grief and sorrow at losing Ms Soh, and in doing so, there was recognition that there had been negligence on the part of their driver and that negligence had resulted in the untimely death of a bright young woman with her whole life ahead of her.

Jodi Gordon, partner at Cycle Law Scotland, said: “It is important that we learn lessons from this tragic case. There is no doubt that crossing tramlines poses a hazard to cyclists as do potholes, drain covers and a host of other road surface defects.

“It is so important to give cyclists room and not just when passing. Drivers must leave room in front to allow a cyclist to cope with a potential hazard safely, as after all, when driving behind a cyclist, remember that you are in control of a potential lethal weapon, capable of causing great harm.

“Whatever caused Zhi Min to fall from her bicycle may never be known but had she been given sufficient room by the tour bus driver, she would most likely still be here. She would by now have completed her medical degree and returned to Malaysia to be with her family.

“Zhi Min’s death was avoidable. The hope is that we learn from this unnecessary loss of life. As drivers, we must learn to recognise the vulnerability of cyclists and the fragility of life as we interact together on the roads.”