Screwed By The S.L.U.T.
This article was written by John Duggan and appeared originally in Cascade Courier in February 2008.
As cyclists, we all know that mixing railroad tracks and bicycles is a recipe for disaster. A cursory look at the Cascade Bicycle Club message boards reveals the near unanimous outrage directed at the Seattle Department of Transportation (SDOT) for designing and constructing the South Lake Union Trolley (SLUT), a $52-million-dollar, 1.3 mile bicycle disaster zone on a major bicycle artery in and out of the city. I have received several calls regarding bicycle crashes caused by the tracks and at least two of these cases involve broken bones. Another attorney relayed to me that he has also received several calls and has heard of many other incidents.
One of the major bicycle related issues is the placement of the tracks in the right/curb lane. The right/curb lane is exactly where both the state and city statutes mandate that cyclists ride. RCW 46.61.770 states in pertinent part as follows: "Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe..." Seattle Municipal Code 11.44.040 contains nearly identical language.
Because of the track placement, the entire right/curb lane is unsafe. Cyclists choosing to ride on Westlake Avenue face a "no win" situation. If they ride in the right/curb lane, they will have to contend with the inherently dangerous tracks while at the same time battling with motor vehicle traffic, parked cars and the streetcar itself. If cyclists choose to ride in the left/inside lane, they will have to contend with impatient motor vehicle traffic which does not understand why the cyclists are riding in the inside lane instead of the statutory mandated right lane. In addition, they will also risk serious injury contending with the inherently dangerous tracks when they eventually attempt to make a right or left turn.
Pursuant to state law, the [City of Seattle] had a duty to exercise ordinary care in the design, construction, maintenance and repair of its public streets to keep them in a reasonably safe condition for ordinary travel. See Washington Pattern Jury Instruction 140.01. The jury instruction is based on Washington case law which states that although the city is not required to make its public streets absolutely safe, a city must use ordinary care to provide against such dangers to the traveling public as may reasonably be anticipated having due regard to the character of travel, the incidental purposes for which the street may be lawfully used, and the nature of possible dangers. See Berglund vs. Spokane County, 4 Wn.2d 309 (1940). The City breached its duties and showed blatant disregard for cyclists' safety.
Furthermore, if there is an inherently dangerous or deceptive condition in the street, the City's duty of ordinary care includes the duty to install warning signs. MsCluskey vs. Handorff-Sherman, 125 Wn.2d 1 (1994). While the City has erected a few small signs, it needs to paint massive "sharrows" in the left/inside lane. Furthermore, the City needs to properly redesign Ninth Avenue and Terry Avenue so as to make the streets safer alternatives to Westlake Avenue.
If the city does nothing to improve this disaster zone, one thing is certain: There will be more bicycle incidents and lots of litigation. What you can do: contact Mayor Nickels, members of the city council and SDOT and let them know your concerns. Report all track-related incidents to Mayor Nickels and SDOT. Share information on the message boards at Cascade.org and Point83.com.
RIDE WITH EXTREME CAUTION!