Parkland family files suit, wants accountability after 13-year-old hit and killed in crosswalk

Family seeks justice for child killed in crosswalk

Grieving the death of a child is difficult this time of year, but a Pierce County family wants to turn their loss into the gift of safety for their community.

PARKLAND, Wash. - Grieving the death of a child is difficult this time of year, but a Pierce County family wants to turn their loss into the gift of safety for their community.

This week, they filed a lawsuit against the Washington State Department of Transportation (WSDOT) over a simple repair that they say could have saved their son.

The crossing signal in question is on a road that ranks among the most dangerous in Pierce County.

There's still a memorial for Michael Weilert off SR-7, better known as Pacific Avenue. In the months since he died, more people have been hurt, and even killed along this corridor, emphasizing the need for constant vigilance and maintenance.

According to data tracked by WSDOT, there have been 143 vehicle versus pedestrian accidents in Pierce County this year. Eleven of them happened on SR-7, and in two out of those collisions, someone died.

On July 19, 2022, Weilert was just 13 years old when he was hit and killed while on his bicycle crossing the street near his home in Parkland.

A new lawsuit filed this week by his family is holding both the driver who hit Weilert and the state of Washington accountable for his death.

The lawsuit says SR-7 has four lanes near 134th Street where Weilert was killed – two moving north, two moving south.

There is a button at the crosswalk that turns on a flashing light alerting drivers of pedestrians crossing, and Weilert pushed it.

The lawsuit says the car closest to the curb heading northbound stopped. The car in the left lane did not.

The lawsuit states the beacon posted on an island that's supposed to alert drivers in that left lane did not flash. The lawsuit claims WSDOT knew the rapid flashing beacon (RFB) was not working, yet it didn't do anything to fix it.

The driver of the Jeep, Rebeca Magdaleno, was never criminally charged in Weilert's death, though she is named in this lawsuit.

The Weilert family declined to comment for this story, but their attorney told FOX 13 that Magdaleno is included as they're looking into whether she played a role in causing Weilert's death, whether that's through negligence or another reason.

The Weilert family's attorney also explained that in the area where Weilert died, there are eleven RFBs. However, at the time of Weilert's death, there were five not working.

FOX 13 reached out to WSDOT for comment Friday. In an email, they responded:

"Our thoughts are with the Weilert family. WSDOT does not comment on active litigation."

Weilert has already influenced the wheels to turn for some change with the help of his loved ones advocating on his behalf. A package of bills was presented to the Senate earlier this year to improve safety, including a bill that would ban right turns on red lights and add speed safety cameras on highways.

Because of the pandemic and so many cases getting pushed back, the trial date is set for June 2025.

Weilert's family said this whole situation is beyond devastating, but they're hoping Weilert leaves a legacy that will protect other people who are just trying to cross the street and safely get to where they're going.