Seattle police officers and firefighters respond Tuesday after a BNSF train struck a pedestrian near the downtown waterfront. (Seattle Police Department)
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By Daniel Laurence
Partner

On a beautiful sunny winter day this week, a man was killed at Alaskan Way and Broad Street at the Seattle waterfront.  Although investigation is ongoing, he may well have failed to appreciate that after a train had passed, it was not safe to cross the tracks, because another train, concealed by the height and noise of the first, and coming from the other direction, was also approaching almost simultaneously and very near.  As he stepped behind the passed train, he was struck by the oncoming one.

Lessons from Tacoma: The Consequences of Unsafe Rail Crossings

The City of Seattle has not learned from the City of Tacoma’s mistake.  Our law firm represented the survivors of two people tragically killed in almost the exact same circumstances that happened one year apart in 2015 and 2016 at the McCarver Street Crossing in Old Town, Tacoma.  One was jogging. The other was returning from lunch to her office. At the time, that crossing had no gates over the pedestrian walk that followed the vehicle road into the intersection, and no warning that as one train was crossing, another train could approach from the opposite direction.

The Danger of Insufficient Rail Crossing Warnings

Railroads and municipalities responsible for rail crossings are well aware of this danger. But it is not intuitive for many on foot.  It is natural and common for pedestrians to look at the oncoming train, and to proceed across the tracks after it has passed.  There is little education about the law that even pedestrians should wait until the vehicle gate arm is lifted to cross.  Most people conclude the train is gone, it takes a while for the gate to lift, and they might as well cross because there is nothing other than a cumbersome vehicle gate and some lights, and maybe bells, to indicate that it is not safe to cross in that moment.  This is natural human behavior that cities should take into account when designing their pedestrian crossings.

Solutions for Safer Pedestrian Rail Crossings

Pedestrian bridges are expensive, but the safest means, especially in municipal waterfront locations such as these heavy with local and tourist foot traffic.   Where bridges are not feasible, pedestrian gates and warnings are prudent.   For years, specific flashing signs stating “ANOTHER TRAIN APPROACHING” have been available to cities to place on pedestrian crossing approaches.   For example, these are available online:

Barriers and active, specific warnings are critically important where, as at Alaskan Way and Broad Street, train horns are silenced.  The existing static sign indicating the need to “look both ways” is minimally helpful. But if you do and can’t see the oncoming train because the sightline is blocked by the one that just passed, then that advice is ineffective to prevent the disaster. Pedestrian gates provide a physical barrier and reminder that the crossing is not safe. Fencing channels pedestrians toward that gate.

Tacoma learned its lesson and installed appropriate channeling fence and pedestrian gates, as well as a sign stating “ADDITIONAL TRAINS MAY APPROACH” and “TWO TRAINS” at the McCarver crossing.

Screen capture from video by The Tacoma News-Tribune

As the surviving widow of our jogger said, “I am so thankful there hasn’t been another death at this crossing since the enhanced fencing and pedestrian gates were installed.”  But those warnings and barriers are not present at the Seattle waterfront crossing that took another life.

As our families told us, the main goal in filing suit was to prevent future death.  The wrongful death lawsuits dragged on for two years, and eventually settled against the city of Tacoma for significant sums and helped to spur those safety improvements. Unfortunately, the ripple effects of that lesson did not travel far enough.

How Stritmatter Law Firm Can Help

At The Stritmatter Firm, we are committed to holding municipalities and corporations accountable for preventable tragedies. Our experienced attorneys have a proven track record of advocating for families impacted by catastrophic events, such as unsafe rail crossings. If you or a loved one has suffered a loss due to negligence, we are here to help. Contact us today for a consultation and let us fight for justice on your behalf.

About the Author
Over 35 years of law practice, my hallmarks – curiosity, craft and compassion – have become my clients’ advantage. I grew up debating at dinner time, exploring the outdoors, dwelling in foreign lands, building model airplanes and doing experiments. I studied the shapes of machines, bodies, plants and molecules. I worshiped the mechanical dream machine that was my bike. I have handled catastrophic product liability cases with a focus on defects in aircraft, other motor vehicles and industrial machines, as well as road design, insurance bad faith, medical and legal malpractice. I have put my interests, skills and experience to work recovering millions for injured people by trying and settling difficult and complex cases to achieve the best possible results consistent with client goals.