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!

The post $5.75 Million – Two Bicyclists Crashed Along Streetcar Rails first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

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.

In the past year, I experienced losing vision in both of my eyes temporarily for months for acute retinal detachments.  I continue to experience issues due to my low vision. Walking or running are still some of my favorite activities, but I’ve injured myself a number of times (broken wrist, broken arm, orbital socket, etc.) due to crummy sidewalks and roads in Seattle.

While my vision has mostly returned, accessibility tools on my desktop and phones still help me accomplish tasks that I used to complete in a flash. If my vision had not returned to the current levels, getting to depositions, meetings, and site visits would require even more planning than what I now need post retinal detachments. 

Will you please take the Week Without Driving challenge? Before you hit click away know that this does NOT require you to give up driving!

The challenge is to make you ask:

• What if you couldn’t drive?
• What if taking the bus, riding a bike, walking or asking for rides weren’t a choice you could make, but a necessity?
• What would it be like getting around without driving yourself?

For people who can drive, and can afford a car, these questions aren’t ever an issue. But for nearly a quarter of the people in our state – people with disabilities, young people, seniors and people who can’t afford cars or gas, this is their every day.

I’m also asking our elected leaders and those running for office to join in this WWD Challenge too. The decisions our leaders and each of us make regarding transportation planning, policies and funding impact all of us.  IT’S OK IF WE NEED TO DRIVE! This is part of the point of this challenge! We want everyone to understand what ~20% of Washingtonians must struggle with every day when it comes to basic transportation needs.

This is an opportunity to learn. That’s why my friends at Disability Mobility Initiative at Disability Rights Washington would like to invite WSAJ members to participate in the Week Without Driving this September 19-25.

Below are the stories of David, Katie, and Miguel, who live in southwest Washington.

David P.

“[We] had the hundred-and-fifteen-degree weather. I do not have air conditioning; most people who live in low-income housing in Vancouver do not have air conditioning. And so, I was told I should go to a Cooling Center. But it was on a Sunday and C-TRAN does not have some buses running on Sundays. So, a lot of people like me who depend on public transportation had no way to get to a Cooling Center.”

David lives in unincorporated Hazel Dell just north of the city of Vancouver. David identifies as Deaf Plus, meaning he is a member of the ASL Deaf Community and has an additional ambulatory disability, which is not always visible. David mainly gets around by walking or by taking the bus. He recently graduated from Gallaudet University with his master’s degree in social work. 

One big barrier for David is not being able to afford a car to get jobs that require one. In order to get and keep a job, David needs accessible transportation. With a car, he could obtain a job, volunteer more, and socialize. Some Deaf events are late at night on weekends, and he would have no way home, so he is unable to socialize as much as he’d like. David believes there should be no transit fares, and that funds taxpayers put into the system should be enough. If riders show an honored citizen card, David thinks that should suffice for payment. David knows fares are a financial barrier for many people, so they stay home instead. He also thinks it is important to have covered shelters near grocery stores and apartment buildings on bus routes. There are no seated stops between David’s home and the transit center, which can make it very hard to keep groceries out of the rain when you are already tired of walking and standing and have no covered shelter for miles. Another barrier for the Deaf Community is when a bus driver makes verbal announcements. With background noises, he cannot always hear what is said. He has seen Deaf people visibly upset when they cannot get off at their stop due to a detour they were not informed about. David believes that any verbal announcements by the driver to all passengers needs to also be translated into text in the vehicle for things such as unplanned route changes. David would like the state to create and fund a free driving program for people who are Deaf to be trained professionally by local driving schools, and provide nonprofits grants to help Deaf and disabled low-income people ability to buy and maintain a used car.

Katie

“It is important that I have a job so I can be a little independent and be a part of the community.”

Katie lives in La Center with her family. She has a job in Vancouver and isn’t able to drive or to take the fixed route commuter bus that goes from La Center to the Vancouver Transit Center. Because of her disability, it’s not safe for her to wait alone at the transit center, so she needs something that provides door-to-door service. Unfortunately, La Center is outside of the area where C-Tran, the local paratransit provider, offers service. Katie has been getting rides from her caregiver to her job, but that caregiver is leaving, and her family hasn’t been able to find a replacement. The disability services that Katie receives allow the caregiver to be reimbursed mileage for driving Katie to and from work, but not for the caregiver’s time, which makes finding someone more difficult. Katie looked for work in La Center, but there weren’t a lot of office-type businesses there that would be a good match for her skills, and so the only job she found, after a couple of years of searching, was in Vancouver. Katie really doesn’t want to give up the job — she loves being able to earn money and afford things that she wants. She wishes there was paratransit or another shared shuttle service that she could use to get to work.

Miguel

“When you are transit dependent, you can’t really just plan things as you go. You can’t just do things on a whim or have an emergency. You have to plan everything ahead of time and you don’t have much flexibility to do basic things like going to the store.”

Miguel is a Blind college student, and lives in Vancouver. He gets around by taking Lyft, Uber, fixed-route buses and paratransit. He commutes from Vancouver to Portland Community College, which takes him an hour and a half each way. Not being able to drive impacts Miguel’s entire life. His biggest barrier is not being able to schedule the paratransit ride in the same day period. Miguel would like to see improvements in the transportation system so that he does not have to spend most of his day commuting.

Will you join us and take the challenge? Sign up at weekwithoutdriving.life

As you’ll hear from elected leaders who joined us last year in this video,  They found the experience incredibly valuable and are encouraging other elected leaders, like you, to join us this year.

How Does the Week Without Driving Work?

You can get around however you want, but you can’t drive yourself in any car. This applies to all your activities — not just your work commute. And if you normally transport other family members or friends, it applies to those trips too.

This isn’t a disability simulation or a test of how easily you can find alternatives. We know that it is far easier to give up your keys if you can afford to live in a walkable area well served by transit or can outsource your driving and other transport and delivery needs to other people. Instead, we intend this as a learning experience to inform the decisions you, as an elected leader or policymaker, will make about land use, climate, health equity and transportation access and funding. We want you to have this experience so you can start to understand the barriers non-drivers experience in accessing your (and our) communities.

If you decide to, you can ask someone else to drive you, but make a note of how much you “owe” this person in their time, and if you felt obligated to support them in other ways (ie, doing all the dishes). If it’s a staff person, make a note of how much you pay them for this time. You can use ride-hail or taxis, but make a note of how much it costs you.

During the week, we’ll ask you to share your experience on social media. At the end of the week, we’ll ask you to reflect on and share what you learned from participating in the Week Without Driving.

If you have questions, contact me or Anna Zivarts, director of the Disability Mobility Initiative.

BTW: I’ve invited April Berg, Noel Frame, among others to join us in this Week Without Driving Challenge too! Please forward and invite as many people as you can. Thank you!

Note: Most of this content was provided by Disability Mobility Initiative via Kimberly Kinchen and Anna Zivarts. 💚💚💚

Catherine

The post Can you drive? About 20% in WA can’t… 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.

The post Lime hit & run – confidential settlement first appeared on FLEMING LAW | Top Personal Injury Attorney: Seattle Bike | Pedestrian | Road Crashes.

Seattle software developer was walking to his job, when a driver hit him with their car near the Fremont Bridge. He lost weeks of work and time to enjoy with his family for the entire summer and fall of 2019.

After the injured pedestrian was taken to the hospital, his family contacted Catherine Fleming to represent him. Although prepared to go to trial, the driver’s insurance settled for $490,000. The settlement covered his $34K in medical bills and also compensated him for his pain and suffering and loss of enjoyment with his family. He is fully recovered physically, but will always relive the trauma whenever he walks near the site where he was injured.

The post Confidential pedestrian v. driver – $490,000 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.