Bellevue officer who fell 60 feet while serving VP Harris’ motorcade now suing state

Attorneys for Bellevue Police Officer Kevin Bereta said he felt honored to be part of the team of local officers and state patrol selected to help the Secret Service navigate Vice President Kamala Harris’ motorcade through the streets and highways in Seattle on Aug 15, 2023.

That Tuesday afternoon the sun was out — not a cloud in the sky. According to court documents, Bereta cleared his designated intersection along the motorcade’s route then accelerated his motorcycle to pass the vice president’s procession and get ready to clear other intersections.

However, lawyers said, as Bereta drove across the Michigan Street overpass above Interstate 5 (I-5), his motorcycle hit the curb and launched him over a concrete barrier. Court documents stated that, in a flash, he made contact with a railing connected just above the barrier and desperately tried to grab hold. His attorneys said, instead, Bereta fell 30 feet and landed on the unforgiving pavement in the 4th lane of I-5 North.

Past coverage: Bellevue officer no longer in critical condition after falling 60 feet while serving VP Harris’ motorcade

Bereta and his wife, Jenny Bereta, are now suing the state of Washington. They claim a combination of previous accidents and the Washington State Department of Transportation’s (WSDOT) lack of attention to safety concerns led to the officer sustaining severe and catastrophic injuries, while the couple suffered emotional trauma and economic losses.

According to the Beretas’ attorneys at the law firm Stritmatter Kessler Koehler Moore, a WSDOT Design Memorandum from 2014, titled “Bridge Traffic Barrier Design Requirements for Fall Protection”, noted the “inadequacy” of the 27″ tall barriers on overpasses and bridges and that a 42″ traffic fall protection barrier was needed to render overpasses and bridges reasonably safe.

However, the lawsuit stated WSDOT made no adjustments to the Michigan Street overpass, adding, in addition to Bereta’s accident, “In 2018 a motorcyclist was launched from the overpass onto the pavement below and died. In 2020, a motorcyclist was launched from the overpass and struck the barrier rail on the right shoulder of I-5 milepost 161. He was severely injured but survived.”

Bereta’s recovery lasted a year. The lawsuit said the father of three suffered multiple broken bones, including two burst fractures of his L1 and L2 vertebrae, his left collarbone, ribs and left leg, in addition to extensive nerve damage and other injuries. The suit also claims Bereta’s wife suffered economic losses, including lost past and future earnings and loss of earning potential after providing nursing and other care for her injured husband.

During the time of his accident, the contract between the Bellevue Police Officer’s Guild and the city of Bellevue created a situation that required Bereta to return to work within six months or lose health benefits. This past March, according to The Seattle Times, the two sides amended that contract for all employees injured on the job.

Officer after losing health benefits: ‘I’ve learned we can’t expect things from the city’

In September, Bereta resumed light-duty work, assisting with background investigations for prospective new hires and supporting the Bellevue Police Department Wellness Program. Bereta’s injuries have affected his ability to return to full patrol duty. According to a post on the Bellevue Beat, this assignment will continue until he is cleared to return to the streets.

MyNorthwest has reached out to WSDOT for comment. So far, they haven’t responded.

Contributing: Bill Kaczaraba, MyNorthwest

Luke Duecy is a reporter, editor and anchor at KIRO Newsradio. You can read more of Luke‘s stories here. Follow Luke on X, or email him here.