In 2019 there were 2 separate incidents that took place South Jackson Street. Janet Ball and Eric Boris were both riding West on South Jackson Street and both times their wheels became stuck in the grooved rails of the Streetcar tracks.

On July 22, 2019, Eric Boris was on his commute home to West Seattle on South Jackson Street. He passed some buses when one pulled into traffic causing him to pass on the left side. Because busses pick up passengers in a curbside pocket then re-enter the right general lane, it pushed him to merge into traffic into the left lane over the streetcar tracks. Now worried about the cars behind him, Mr. Boris tried to return to the right lane when his tire got caught on the tracks and he fell into the right lane of traffic in front of the bus, resulting in a fractured clavicle. Mr. Boris has since had to quit his job as a Window Washer as arm movements above his shoulder remain painful.

On September 25, 2019, Janet Ball was bicycling with four other women, and changed lanes to avoid a bus line up on Jackson. Ms. Ball approached the complicated intersection of Fifth and Jackson focusing on which lane was most appropriate for her to choose on the far side of Fifth street and her front tire unexpectedly fell into the rails of the streetcar tracks. Ms. Ball landed on the street, unable to walk and suffered head and pelvis injuries, which requires care from her husband. Janet Ball, now 72, was an avid rider completing group rides to Portland and Vancouver B.C. but now suffers from the long-term condition of partial paralysis. Ms. Ball and her Husband Bobby have since moved to a single story home in Florida, where they can be closer to relatives to help assist with her care.

Unfortunately the city did not admit liability and did not pledge specific street changes as part of the settlement even though danger to bicyclists in the Seattle area remains.

You can read the full article by The Seattle Times Here!

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Below is a snippet of the City of Seattle’s Motion for Summary Judgment, arguing that its design of the protected bike lane, transit island, and pedestrian crosswalk (only a few yards north of the main crosswalk) had nothing to do with my client’s collision. In fact, the City blames my client, the pedestrian, for not walking precisely on the painted lines of the marked crosswalk. The City argues, this imprecise footing of the pedestrian, is “jaywalking” and is the reason why the bicyclist crashed into her.

In Seattle, pedestrians are generally expected to follow traffic signals and use designated crosswalks when available like intersections with lights or stop signs. Crossing the street at a location OTHER than a marked or unmarked crosswalk is generally considered jaywalking. However, Seattle has implemented a policy called “Pedestrian First” that prioritizes safety. This policy requires vehicles to give the pedestrian right of way at all intersection, marked or unmarked, regardless of whether there is a traffic control device.

In our fair city¹, “Pedestrian First” refers to an initiative in that the Seattle Department of Transportation has undertaken to prioritize pedestrian safety and improve conditions for pedestrians when crossing intersections. SDOT’s stated goal of the Pedestrian First approach is to create a safer and more accessible environment for people of all ages and abilities to walk and move around the city. According to SDOT’s own blog posts and publications, this initiative involves implementing various safety upgrades and changes to traffic signal patterns to enhance pedestrian visibility, increase crossing times, and reduce the likelihood of pedestrian-vehicle conflicts.

In an SDOT blog post from July 2020, SDOT announced the completion of their Vision Zero goal to create 250 pedestrian-first intersections six months ahead of schedule. SDOT explains²,

These intersections are designed with a focus on pedestrian safety and have undergone safety upgrades to improve visibility and reduce the risk of accidents*. As a result of these safety upgrades, data showed a 48% reduction in the number of people hit by cars while crossing the street in these pedestrian-first locations. This achievement signifies a significant improvement in pedestrian safety and highlights the effectiveness of the pedestrian-first approach in Seattle.

“We’ve Completed Pedestrian First Crosswalk Safety Goal Six Months Early and Are Advancing a New Policy to Create More Automatic Walk Signals and Give People More Time to Cross the Street.” SDOT Blog, 23 July 2020. (*SDOT’s use of “accidents” goes against National Highway Traffic Safety Administration’s admonition against this term because these are not acts of god but rather the result of human error.)

To further enhance pedestrian safety, SDOT introduced a new traffic signal policy. The policy includes small but meaningful changes to traffic signal patterns that aim to strike a balance between efficient traffic flow and pedestrian safety³. The policy sets target and maximum cycle length times for traffic signals based on street type designation. This approach ensures that pedestrians have sufficient time to cross the street safely without causing noticeable delays for motorists⁴.

Significantly, the Pedestrian First initiative in Seattle focused on creating pedestrian-first (surprise, surprise…) intersections and improving safety measures to reduce collisions involving pedestrians. Per SDOT: The term “pedestrian first” specifically refers to this effort and does not encompass all aspects of pedestrian infrastructure or policies in the city.

SDOT has explained that Pedestrian First is intended to prioritize pedestrian safety, create safer intersections, and enhance the overall walking experience in the city.

In a case that we are current litigating, we represent a pedestrian, Angelina Kolomiets, who observed the law and looked both ways (out of habit, she always looks both ways before entering a road) before crossing the bike lane. However, the bus shelter obscured her view as well as the bicyclist’s view. Nonetheless, because the pedestrian walked a few inches south of the painted crosswalk lines, Seattle City Attorney calls this “Jaywalking.” This is the City’s way of attempting to deny that its design of the transit island, crosswalk, and bike lane led to the bicyclist/pedestrian crash. As a result, Ms. Kolomiets sustained serious injuries to her head, brain, face, jaw, teeth, and body.

Guess what? The City engineer admitted at a deposition that the project team never calculated sight distances, though the engineer knew that the tapered (unstraight) bike lane created visibility issues for both bicyclists and pedestrians.

Here is when I asked the SDOT engineer about the late change to the then-new protected bike lane on Roosevelt Way NE in the University District.

The SDOT engineer wants reassurance that I’m not blaming her. Truly, I’m attempting to understand what the main engineer (SDOT project engineer) thought about the potential issues with making the bike lane zig a little to avoid a utility pole:

When I ask the SDOT engineer whether she and the other SDOT engineers made sight distance calculations in this scenario, guess what her response was…

Seattle claimed that Pedestrian First was its plan to prioritize pedestrian safety. Really? Perhaps it’s more focused on prioritizing the Seattle Attorney’s office first? What do you think?

References:

1. The initiative called “Pedestrians First” was first conceived at the Institute for Transportation and Development Policy (ITDP). ITDP is a non-profit organization that focuses on promoting sustainable and equitable transportation systems globally. ITDP has developed a set of interactive tools that measures walkability in cities around the world, and “Pedestrians First” is one of their initiatives aimed at improving walkability and pedestrian-friendly urban planning.
2. “We’ve Completed Pedestrian First Crosswalk Safety Goal Six Months Early and Are Advancing a New Policy to Create More Automatic Walk Signals and Give People More Time to Cross the Street.” SDOT Blog, 23 July 2020.
3. Id.
4. “Traffic Signal Policy.” SDOT Blog, 29 January 2021.
5. “SDOT creates 250 ‘pedestrian-first’ intersections early.” MyNorthwest, 27 July 2020.

The post When is a pedestrian jaywalking? first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

Even the most seasoned bicyclists have sustained major injuries from crashes on badly designed roads in Seattle. KOMO News anchor Molly Shen delves into the issue that gave rise to Fleming Law clients’ lawsuit against the City of Seattle. Check back often for updates about this case and other cases of unsafe road planning/design/construction/maintenance.

The post KOMO News: hazardous Seattle roads leads to serious bicyclist injuries first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

How many more injuries and catastrophic crashes for people on bikes are needed before SDOT finally does something to make S. Jackson safer? At the earliest stages of the First Hill Streetcar project, consultants for the City provided options to make the road safer for people on bikes. Protected bike lanes, physical separation between transit and bikes, and various other options were laid out. SDOT choose not to move forward with any of those recommendations. The result: Countless bike crashes and injuries to people, who took the City of Seattle’s invitation to reduce their carbon footprint and motor vehicle traffic traffic by biking.

Below is the site of crashes when people on bikes are forced to move around stopped traffic in the curb side lane taking the hazardous path in the next lane with the streetcar tracks.

People on bikes, familiar with this path, need to anticipate a sudden third lane after crossing 5th Ave S.

On behalf of injured bicyclists, Fleming Law and co-counsel, CJY Law Firm, and Ramsey Injury Law Firm have filed consolidated claims. Plaintiffs Janet Ball and Eric Boris. While both sustained serious injuries, Janet Ball now has limited use of her legs and continues to struggle with a complex neurological condition arising from her bike crash on S. Jackson.

Fleming Law client Eric Boris sustained injuries, including a broken clavicle, in a similar manner in the same location where Janet Ball crashed on S. Jackson. Because no protection is provided to people on bikes on the major arterial in Chinatown International District (CID), bicyclists are forced to navigate between the shared bike/bus lane and the other lane that contains First Hill streetcar tracks.

The westbound approach on S. Jackson St. towards King St. Station typically includes a line of buses that stretch for at least one city block east of 5th Ave South from 4th Ave. S. past 6th Ave S. SDOT is aware that these streetcar tracks are hazardous to people on bikes and recently developed an informational piece to “educate” folks on how to contend with these dangerous conditions. Below is a version with my redlines of SDOT’s piece. Pray tell, how does one safely ride “through” train tracks?

Below is a copy of the complaint filed on behalf of injured bicyclists Jan Ball, her husband, and Eric Boris.

Check back for updates,

The post SDOT needs to make S. Jackson safer for bicyclists first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

My favorite is the interactive map that allows multiple folks to comment on known and hazardous road conditions.

Try it! Document issues about problem spots with SDOT.

The post SDOT wants to engage! first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

Daniel Ahrendt, a conscientious bike commuter and web developer, was run over by a bus after his front bike tire got caught in the Seattle First Hill Streetcar track. On a partly sunny May morning in Seattle, Daniel rode his bicycle to his job. He was always careful as a bicyclist, as his friends all knew. But, because of the design of a busy intersection, which included curved streetcar tracks, a lane restricted to buses and bicyclists at a major intersection along with having car and truck traffic, Daniel found his bicycle tire trapped in the First Hill Streetcar tracks and fell violently to the pavement. Moments later, a Metro bus ran over the lower portion of his body, crushing his pelvis, legs, etc. Attorney Catherine Fleming fought on behalf of Daniel, and obtained a $1,550,000 award to compensate him for his medical bills along with his pain and suffering.

Daniel can walk, which was a big question in the earliest days after the bike crash. However, he lives with a limp and is far from ready to ride a bike. With his settlement, he can now focus on working on his music and job as a web developer.

You can read the full article by The Seattle Times Here!

The post $1,550,000 -Seriously Injured Cyclist Sues Seattle for Unsafe Road first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

In her mild mannered way, she’s successfully pushed for safer roads, rail and communities. Sure, AOC has a flashier way that grabs people’s attention. Maybe Maria Cantwell is too busy for social media as Chair of the Committee of Science, Commerce and Transportation. (Hey, I caught you snoring.) Not a super sexy topic? It is to me. And Sen. Cantwell holds significant power in her role. Let’s talk more about how she’s helped and, more importantly, how else we want her to help us make our communities safer.

Love her or hate her, Washington Senator Maria Cantwell is more than a figurehead for Washingtonians.  Personally, I appreciate her softer spoken style. Most of my career, people point out that I’m not as loud as my male counterparts. Is that so wrong? Sen. Cantwell’s results is proof that one doesn’t need to speak loudly to make a big difference. #QuietIsBetter #SaferRoads

The post Who needs AOC? WA senator for safer roads and rails first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

If you ride your bike anywhere in Seattle, you know about road hazards. Potholes, major elevation changes, and streetcar tracks are all bad news. These road hazards cause bicyclists to fall before they can do anything to stop it.

Aside from a stream of buses that often share bike paths, Seattle bicyclists must contend with drivers turning in front of them, drivers pulling into park in curb lanes, and maneuvering in spaces that don’t offer much separation from pedestrians. On top of this, Seattle bicyclists must avoid altogether or cross over streetcar and railroad tracks at the precisely correct angle. One might wonder how this is bike friendly. We do. We have for years and are constantly working to improve safety for everyone who travels these roads.

But the fact remains that Seattle roads with streetcar tracks create dangerous conditions for bicyclists and people who use wheelchairs, walkers, canes, or strollers.

Is this a new development? Not unless you consider something more than 10 years old “new”. Seattle Department of Transportation (SDOT) knew about this extreme danger as far at least as far back as 2007, years before it began construction of its First Hill Streetcar line. SDOT engineers, planners, and consultants emailed and discussed the issue they faced as the number of crashes and injuries grew resulting from bike tires getting trapped in streetcar tracks for the South Lake Union Trolley (SLUT… yes, that’s what we called it before “SLU Streetcar”) tracks.

By 2010 a number of bicyclists hired attorneys and sued the City of Seattle. These cases were consolidated  (often done to streamline the court’s packed docket) and were set for trial in Seattle.

Fast forward a few years later. The attorneys for the injured bicyclists thought that the internal memos and emails from SDOT planners and engineers sufficed to establish the City’s negligence because the City had known that the tracks were dangerous. This is where the SLUT cases fell apart for the injured bicyclists.

In response to those attorneys’ argument, the City attorneys countered convincingly before King County Superior Court Judge McCarthy:

“We never disputed the tracks were a hazard,” said Rebecca Boatright, assistant city attorney who handled the case. “The legal question was whether we fell short of any engineering standard in designing a road with a streetcar.” (Seattle Times)

Judge McCarthy‘s ruling, dismissing the case, sent a chilling message: The City did nothing wrong and did not fall short of engineering standards despite its knowledge that placement of SLUT tracks on the curbside lane was dangerous for bicyclists. The dismissal of SLUT cases was a death knell for bike vs. streetcar tracks cases in Seattle. For over a decade, bicyclists who wanted to fight the City for injuries sustained because of streetcar tracks were out of luck, on their own with piles of medical bills and doctor’s visits for months or longer. No attorney was willing to take these types of cases. Bicyclists and road safety advocates knew that the dismissal of the SLUT cases was a huge setback for any other bicyclist who might want to sue the City for similar reasons.

Why did Judge McCarthy rule against the injured bicyclists who suffered only because of the unsafe road design around South Lake Union?  We’ll discuss that in another blog post.

Thankfully, one attorney did not give up. Catherine Fleming advocated for years on behalf of bicyclists injured after streetcar tracks trapped their bike tires. Catherine’s hard work led a heightened recognition of the serious dangers that the City’s design created. She also obtained a record award, requiring the City to study and rethink modifications to improve safety in some of the most troublesome spots with streetcar tracks.  She’s not done, though, and is more passionate than ever about advocating for safer streets, not just for her clients but for everyone.

Check back and learn more about the ongoing dangers that Seattle streetcars pose for bicyclists and pedestrians.

If you want to learn more about a different road safety issue in Seattle, let us know on Facebook, Instagram, or Twitter!

The post Part 1: Seattle street cars and bicyclists first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

For years, the folks who aren’t crazy about bike commuters have complained about Seattle spending too much money, space and resources to its Bicycle Master Plan (BMP). The BMP has served as the main reference for SDOT to plan and design bike projects in the City. The goals were great and lofty. Let’s reduce greenhouse emissions, make it safer for people to get around on their bikes, and make the City more livable.

SDOT has not executed its plan perfectly. Alarm bells go off when the same problems leading to serious bicyclist and pedestrian accidents persist. However, my friends at Seattle Greenway, Cascade Bicycle Club, Seattle Bike Blog, and I  (among many other concerned advocates) are now sounding alarms in a big way. This is because the new Seattle Transportation Plan (STP) is developing with lightening speed (hard to imagine, I know) without prioritizing bicyclist safety as follows:*

• No real transparency – public engagement/outreach should have occurred at the earliest stages. Now, as it’s poised for final approval, we still don’t know enough details.
• Priority is given to freight, transit, and pedestrians –   Hey, these are all important. We are all pedestrians. But walking isn’t practical to get from Magnolia to Capitol Hill for a meeting (especially on a super soggy day). But what about all the years SDOT has devoted to its BMP?
• This means –>STP does NOT include planning to move more people on bikes through the City, leaving gaps between bike paths so that people must find their way to the next bike path.–> Not safe and not consistent with the City’s promise and goal of Vision Zero and Safer Streets.
• Drivers. STP is all about the drivers.  Again, I get it! I drive a lot too. But that’s because my work involves representing injured bicyclists and pedestrians along with injured drivers. So, I have a keen awareness of how unsafe many spots are in the City for bicyclists.
• What about the two E’s…Emissions and Equity?  As it stands today, the STP sidesteps multimodal conflict by removing the BMP! Say what? People from less well off communities in the City and their transportation needs are not figured into the equation. And Seattle now wants to whistle by the graveyard and avoid the issue of how freight, transit and drivers will contribute to great emissions for all.

The above is the reality right now and are precisely why advocates like Clara Cantor and Gordon Padelford (and me) are very concerned. Recall that SDOT has talked about its vision for a safe, connected, more bike-friendly roads. But with its new STP, SDOT’s silence to the BMP is deafening. This matters, especially now as companies are opening up their offices and workers are hitting the road in droves. Seattle Bike Blog​‘s latest post beautifully explains why this matters…now.

What can you do? Speak up! Tomorrow’s Seattle City Council Transportation Committee begins at 9:30 am\ Sign Up to give a verbal public comment here. Sign-up opens at 7:30 am. 

• Meeting Details and Link to agenda
• Watch the meeting live via the Seattle Channel (no opportunity to give public comment)
• **Thanks to Clara Cantor, Executive Director of Seattle Greenways, for sharing essentially all of the key points in this blog post!! ❤️👏👏

The post Seattle’s latest transportation plan, “STP3” first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

Seattle recently reported its new and improved proactive approach to pedestrian safety (to use FHWA’s language.  Below are excerpts of a 2020 City of Seattle Dept. of Transportation (SDOT) report:

…the number of overall traffic-related fatalities continues to trend downward. However, pedestrian and cyclist crashes have remained relatively steady. To meet
the growing demand while improving safety, the City developed the Bicycle and Pedestrian Safety Analysis (BPSA), a robust approach to modeling pedestrian and
bicyclist safety. [Emphasis added.]

BACKGROUND ON SEATTLE’S BPSA
The City of Seattle Department of Transportation (SDOT) first implemented the Bicycle and Pedestrian Safety Analysis (BPSA) in 2016 as a data-driven approach for understanding where, how, and why crashes involving pedestrians and bicyclists happen. [Citation omitted.]

Phase 1 laid the foundation for conducting the statistical analysis. It included pedestrian and bicycle crash data from 2007 to 2014, as well as roadway, demographics, transit, lighting, traffic signal presence, and pedestrian and bicyclist volume data.

Note, however, a 2020 SDOT study includes the below graph, which seems to challenge its conclusion about pedestrian accidents remaining “relatively steady”.

Does SDOT’s graph here really show that Seattle is “holding steady” with pedestrian accidents? Hint: The orange line is spiking up.

Here’s what we are seeing at Fleming Law: Pedestrian injuries are growing at a rapid pace, even with the pandemic. Clients have come to us to represent them against negligent drivers, bicyclists, and cities. Cities and all Washington municipalities have a

…well-established duty to maintain their roadways in a condition safe for ordinary travel. This duty is not limited to the roadways themselves, and does not exempt municipalities from responsibility where the unsafe condition is caused by a roadside condition like vegetation or other sight obstructions. See e.g., Wuthrich v. King County, 91555-5 (Jan. 28, 2016).*

Municipalities are negligent when they fail to meet their duty to design, construct, and maintain roadways that are reasonably safe for all travelers in Washington State.

Important takeaway: When SDOT knows that major hazards for travelers arising from its design and construction of a road, an injured pedestrian (or bicyclist or driver) has a legal claim for damages against SDOT.  As our own pedestrian/bicycle injury attorney Catherine Fleming has seen with her clients, recent designs have have led to catastrophic injuries, In particular, clients we represent have suffered as the result of unsafe road design and maintenance that include protected bike lanes, bus stops, and marked crosswalks.

While people continued to get hurt or killed because of unsafe roads in Seattle, we need SDOT to quicken its pace and intensify its focus to provide adequate means for all of us to get around this city.

* I am proud of my colleagues at my former firm, Keith Kessler and Ray Kahler, both in Hoquiam, WA, who helped cement the law on behalf of Mt. Wuthrich.

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