'Death trap?' Seattle streetcar tracks deadly to cyclists Two people affected by bike crashes on train tracks say the city installed a 'death trap' in its streets

Cody McCloud sits next to a photo of his sister, Desiree McCloud, while attorneys announce a claim against Seattle and Sound Transit for Desiree McCloud's death. Her bicycle got caught in First Hill Streetcar tracks last May, causing her critical head injuries that led to her death 11 days later. Cody McCloud joined another woman injured at the site in suing the city for the hazards the tracks pose to cyclists.

less Cody McCloud sits next to a photo of his sister, Desiree McCloud, while attorneys announce a claim against Seattle and Sound Transit for Desiree McCloud's death. Her bicycle got caught in First Hill Streetcar ... more Photo: Lynsi Burton/seattlepi.com Photo: Lynsi Burton/seattlepi.com Image 1 of / 14 Caption Close 'Death trap?' Seattle streetcar tracks deadly to cyclists 1 / 14 Back to Gallery

Desiree McCloud was cycling from Capitol Hill to Alki Beach on May 13, 2016 on streets with designated bike lanes when her front wheel plunged into a First Hill Streetcar track on Yesler Way, catapulting her forward and inflicting critical head injuries.

The 27-year-old behavioral neuroscientist died 11 days later.

On the one-year anniversary of her death, her younger brother, Cody McCloud, filed a claim against Sound Transit and the city of Seattle alleging both failed to protect cyclists from the deadly obstacle.

That day, Suzanne Greenberg was headed to her next gig as a freelance sign language interpreter when she became caught in the streetcar track on the same block. Her bike tilted to the left, throwing her onto the street. She suffered a torn rotator cuff, torn bicep and other injuries to her forearm.

Greenberg and Cody McCloud joined in a lawsuit against the city last week, claiming Seattle has installed a "death trap" for cyclists in its streets and doesn't adequately ensure bicycle safety on the same roads it encourages cyclists to ride.

The stretch of Yesler Way near 13th and 14th Avenues South where Desiree McCloud and Greenberg were injured contains a bicycle lane designated by painted white lines. No physical barrier exists between the lane and parked cars, moving traffic or the streetcar track, which shares the road with motorists.

The existence of that lane did not protect Desiree McCloud and Greenberg from other hazards, they argue.

RELATED: Claim: First Hill Streetcar tracks killed Seattle cyclist

In Desiree McCloud's case, she was traveling with a group of friends who intentionally set their route along areas that were designated for bike travel, her brother contends. She reportedly entered a traffic lane to pass around another cyclist in the bike lane when her 1-inch-wide wheel wedged in the slightly wider streetcar track. Her helmet broke when her head hit the pavement.

Greenberg was also using the bike lane, but a Metro bus stopped in front of her, taking up both the shoulder and bike lane. As Greenberg applied her brakes, she faced three options: smash into the back of the bus, veer onto the sidewalk and risk hurting pedestrians or pass on the left, as allowed by law.

She decided to pass, but at that intersection, the First Hill Streetcar tracks curve from 14th Avenue to East Yesler Way -- something she hadn't seen while she pedaled behind the bus. That's how her wheel dipped into the track.

The First Hill Streetcar line, paid for in part by Sound Transit with $132.8 million in voter-approved money, as well as federal dollars, opened to public use in January 2016. The city designed and built the line, with several delays along the way. Both Seattle and Sound Transit approved the design of the transit line, streetcar track, pavement markings and both protected and unprotected bike paths, according to the lawsuit.

Seattle and Sound Transit considered a plan in June 2010 to continue the Broadway cycle track on Yesler, the lawsuit alleges, but that never happened. They even installed a removable rubber insert in the tracks at Eighth Avenue South and South Dearborn Street to prevent incidents such as McCloud's.

That rubber insert was the least the city could have done to offset the danger the streetcar tracks pose on Yesler, attorney Phil Arnold contends.

Greenberg filed her initial claim against the city in June, about a month after Cody McCloud's May claim.

Neither had heard back from the city about their concerns.

A few months after Desiree McCloud's death, Cody McCloud said he met with Seattle Department of Transportation officials who promised to address the streetcar safety hazards, but didn't specify what they would do.

Spokespeople for SDOT declined to comment Wednesday on that claim.

Therefore, the city's subsequent silence on the matter was "not at all surprising," Cody McCloud said Wednesday.

Arnold said it's normal that a defendant chooses not to take action after fielding a claim such as McCloud's and Greenberg's, but added that the seriousness of the situation warranted a response.

"It really goes against Seattle's image," Greenberg said. "I would think Seattle would be all about bicycle safety."

And this wasn't the only time Greenberg had fallen victim to the dangers of surface street train tracks. Four years earlier, she was trying to cross the South Lake Union Trolley tracks, but failed to cross them at a 90 degree angle and fell there, too.

In the wake of her more recent crash, Greenberg, a Vashon Island resident who commutes to Seattle, missed some work and was forced to sign with one hand while her other arm rested in a sling.

She's back at work now and intends to return to bicycle commuting in the spring. Her commute hasn't been as convenient in recent months, relying on public transportation, she says.

"I've missed the bike," she said.

RELATED: Same streetcar track that killed one cyclist hurt another

Cody McCloud's family just celebrated their second Christmas without Desiree at their family home in southern Indiana. Cody followed his sister to Seattle and now lives in Shoreline.

He and his sister both commuted frequently by bicycle. Desiree McCloud had sold her car and traveled primarily by bike and public transit.

Cody McCloud, now 26, has undergone counseling to handle his grief and is taking community college classes in the hopes of studying public health. He continues to ride his bicycle, but has become more aware of hazards since his sister's death. He had been thrown onto his back on Fairview Avenue while crossing the South Lake Union Trolley tracks one rainy day before Desiree McCloud's crash.

Cody McCloud primarily wants the city to publicly acknowledge the problem the tracks pose to cyclists and show bikers they're a priority.

Given that riders are "stuck" with the tracks installed, a rubber insert would be one of the better solutions to reduce their hazard, he said.

But, Greenberg noted, physical separation between cyclists and other traffic would be best. She pointed to the Second Avenue cycle track downtown -- which extended north to Denny Way this year -- as the "perfect example" of bicycle infrastructure.

Arnold proposed in the lawsuit that the city could have reserved East Yesler Way exclusively for streetcars and motor vehicle and directed bicycles to another route. Alternatively, the city could have changed the location of the bus stop, prohibited parallel parking in that area to permit passing within bike lanes or located vehicle parking between the bike lane and motor traffic, according to the complaint.

But the bike lane as it exists provides a "false sense of security," Greenberg said.

Signs exist on East Yesler Way warn cyclists of the tracks, but that's a "laughable" remedy, Greenberg added.

"Signage is not the answer, making the streets safer is the answer," she said.

Data provided by SDOT indicates that the First Hill Streetcar provided 907,753 rides between January and November 2017.

Lynsi Burton can be reached at lynsiburton@seattlepi.com. Follow her on Twitter at @LynsiBurton_PI.