PARKLAND, Wash. — The family of 13-year-old Michael Weilert who was struck and killed while using a crosswalk in Parkland has brought a lawsuit against the Washington State Department of Transportation and the driver who hit him, seeking damages for negligence and wrongful death.
The suit alleges that the Washington State Department of Transportation (WSDOT) was aware that a beacon alerting drivers to crossing pedestrians on State Route 7 was not functioning correctly, citing WSDOT maintenance reports that suggest the agency knew about the issue nearly two months before Weilert was killed. The suit further alleges that WSDOT was aware that four other beacons out of the total 11 on SR 7 were non-functional and cited data compiled by the state showing drivers were three times more likely to yield to pedestrians when the beacons are in use.
On July 19, 2022, Weilert hit the button to activate the beacons at a crosswalk on SR 7 to notify drivers of his intent to cross. There were three beacons, one on either side of the street and another in the middle, bisecting the northbound and southbound lanes of the road. Unbeknownst to Weilert, the middle beacon was not working, according to the suit.
A large white truck had come to a stop in the rightmost lane, obscuring the view of a driver in the next lane who neither slowed down nor came to a stop. She struck Weilert with the front right corner of her car as he continued through the crosswalk, killing him.
Investigators who responded to the scene determined that the driver was neither distracted nor impaired. She said she did not see the crosswalk signal or notice Weilert crossing.
WSDOT said to media that they had ordered the parts to fix the crosswalk the day before Michael was killed. An order acknowledgement from a Traffic Supply Company, which is the vendor WSDOT uses, was issued on the date Michael died, according to the Weilert family's attorney, Evan D. Bariault. He has not been able to confirm with the state whether the parts were actually ordered before or after Weilert's death.
"This was an accident that was entirely preventable had WSDOT followed its obligations and repaired that light," Bariault said. "It would have and should have alerted the driver in that second lane that there was someone coming through that crosswalk."
The suit claims that the state was also negligent in not notifying pedestrians of the non-functioning crosswalk and not doing enough to protect the beacons from theft or damage. The suit asks for damages in an amount to be decided by a Pierce County jury.
"(The family wants) to obtain some justice for Michael, but they also want to use this as an opportunity to educate the public about putting pedestrian-bicycle safety above vehicle convenience," Bariault said.
In response to a request for comment, WSDOT said, "Our thoughts are with the Weilert family. WSDOT does not comment on active litigation."