Even after a series of widely-publicized crashes on the Jackson Street streetcar tracks years prior, the City of Seattle failed to make the street reasonably safe for people riding bikes. So after Janet Ball and Eric Boris crashed there in two separate incidents in 2019, they sued the city for negligence. The city settled the joint case out of court for $5.75 million, with $5.5 million going to Ball (who suffered more significant injuries) and $250,000 going to Boris. In the settlement agreement (PDF), the city did not admit fault or commit to fixing the hazardous conditions in the blocks near the intersection of 5th Avenue, the Seattle Times reported.

The payment amount represents a significant increase over previous injury settlements related to people crashing on the First Hill Streetcar tracks while biking. Seattle settled with the family of Desiree McCloud for $500,000 after she died while biking on Yesler Way in 2016. Video showed her riding between the tracks moments before she suddenly crashed. She never recovered consciousness from her injury and so could not tell us what exactly happened, but friends, family and safe streets advocates (including this site) pointed to the streetcar tracks as the most likely culprit. Daniel Ahrendt was in a horrific collision in which he crashed on the tracks on Jackson Street and was then run over by a Metro bus in 2015. The city settled with him for $1.55 million.

Unfortunately, the more people are injured on these tracks, the more obvious and egregious the city’s liability becomes. Until the city takes real action to improve bicycle safety near the streetcar tracks, people will keep being injured and the settlements will likely keep getting bigger.

The complaint (PDF), put together by a legal team led by Catherine Fleming, is damning. It notes that the consultants hired to advise the city when developing the streetcar design warned of a hazard to people biking. “Rather than provide a clear and safe path for bicyclists on S. Jackson Street as its own consultants and transportation experts recommended, the City chose not to separate streetcars, the tracks, and buses from bicyclists,” the complaint states, citing a 2010 memo from Alta Planning + Design.

A minimum of 15 people crashed on the First Hill Streetcar tracks between the time they were installed in 2013 and the time of the incidents in 2019. I say minimum because there is no consistent way for people to document their crashes. When a collision involves another party, such as a car driver, police are typically called to make a report. But when someone crashes on the tracks, such reports are rare and inconsistent. It is now 2024, and not only are there no bike lanes on Jackson Street but most of the same hazards are still present as well. Next to nothing has been done to prevent similar injuries to those suffered by Janet and Eric.

Stay tuned for a follow-up story outlining some options for making the street safer.