Family wins $30m after boy, 13, struck killed using faulty crosswalk

Family wins $30m after boy, 13, struck killed using faulty crosswalk
Source: Daily Mail Online

A grief-stricken family in Seattle won a massive $30 million payout after a 13-year-old boy was struck and killed by a Jeep while walking across a faulty crosswalk.

The state of Washington agreed on the settlement after Michael Weilert was killed while crossing Highway 7 on his bike due to a faulty crosswalk signal in 2022.

The middle schooler had pressed the button to signal his crossing, allowing the first crossing signal to alert a pickup to stop and let Michael cross the roadway, the lawsuit said.

But the second signal for the next lane of traffic was found to be faulty, and a Jeep traveling on the highway collided with Michael and killed him.

The suit was filed in 2023 against the state and the driver of the Jeep, 37-year-old Rebecca Magdaleno who was not criminally charged.

Magdaleno's view of the boy was blocked by the truck that had stopped, causing her to hit Michael and launch him across the intersection, the lawsuit stated.

She argued that if the beacon had worked she wouldn't have hit Michael, Yakima Herald-Republic reported.

The Washington State Department of Transportation found in reports that maintenance reports found five of 11 crosswalks had missing parts or weren't working correctly, the lawsuit seen by the Daily Mail stated.

But, according to the suit, the state department failed to fix the issues.

The boy's father, David Weilert, told Fox 13 at the time of his son's death that the loss of Michael was 'indescribable.'

Michael Weilert, 13, was killed in 2022 while crossing the highway in Parkland, Washington, due to a faulty crosswalk

The state of Washington settled for $30M after the lawsuit was filed in 2023 against the state and the driver of the Jeep that hit Michael, Rebeca Magdaleno, who was not criminally charged

'Probably the worst thing I've had to deal with in my whole life,' he added.

Michael was only around half a mile from home when he was struck, and his parents said one of the most difficult things to face was that their son did exactly what he should have.

'He didn't ride through a stop sign. He wasn't just riding down the center of the road. He actually pushed the button. They waited. They did everything right,' David Weilert continued.

The lawsuit was dismissed last month after reaching the settlement, said to be one of the largest by the Washington State Department of Transportation.

'The family is grateful that the legal process has come to a close, but no settlement - no matter how significant - can ever fill the space left by Michael's absence,' their attorney, Evan Bariault, said in a statement to the Times.
'His life was precious, and the impact of losing him is something the Weilerts continue to carry every day.'

Bariault added that Michael's family hope that the settlement 'serves as a step toward accountability and meaningful change so no other family must endure' what they have.

Kris Abrudan, a spokesperson for the state department, said in a statement to the outlet that despite the settlement the WSDOT 'recognize[s] that the loss of Michael Weilert was devastating for the family, friends and the community.'

Attorney Evan Bariault added that Michael's family hope that the settlement 'serves as a step toward accountability and meaningful change so no other family must endure'

'My tears won't stop flowing and my heart aches. I miss you with every ounce of my soul. A piece of me went with you that day. I love you,' Michael's mother, Amber Weilert, said

Michael's mom has led advocacy groups raising awareness for improved pedestrian crossings

'WSDOT continues to work with communities and partners toward our state's Target Zero goals. One tragic accident like this is one too many,' Abrudan added.

Bariault told the Tacoma News Tribune that the settlement helps provide closure to Michael's family, but 'the case was never really about money.'

'The case has really been more about creating change, especially in Parkland.'

On September 12, Michael's mother Amber Weilert celebrated the boy's 'heavenly birthday.'

'My tears won't stop flowing and my heart aches. I miss you with every ounce of my soul. A piece of me went with you that day. I love you,' she wrote on Facebook.

Michael's mom has led advocacy groups raising awareness for improved pedestrian crossings.

In Parkland and Spanaway, a WSDOT's pedestrian safety improvement project was underway in July where Michael was struck and killed.

The project included replacing existing flashing beacons with fully signalized pedestrian crossings, according to Tacoma On the Go.

'These improvements are a tremendous win for safety and are the result of years of advocacy, led by Michael's mother Amber Weilert. The work at 134th is part of that corridor-wide effort aiming to create safer conditions for everyone who walks, bikes, or rolls,' the Facebook post said.