A headshot of Tim Wackerbarth.

Tim D. Wackerbarth

Senior Counsel
Seattle

Tim Wackerbarth represents some of the world's most prominent freight and passenger railroads in complex litigation, liability, and regulatory matters. He also represents commuter railroads. 

Tim counsels clients on a range of issues, including railroad litigation; FELA litigation; FRSA litigation; wrongful death and catastrophic personal injury litigation; product liability and mass torts; life insurance; environmental; and employment litigation.

Experience 

Representative Matters

  • National Railroad Passenger Corporation (Amtrak)
    Lead counsel for National Railroad Passenger Corporation (Amtrak) in over 60 cases filed in the United States District Court for the Western District of WA arising out of the December 2017 Amtrak derailment near Dupont, WA.

  • Paul Parker, Personal Representative of the Estate of Curtis Rookaird v. BNSF Railway Company
    Successfully defended BNSF Railway Co. in a Federal Railroad Safety Act whistleblower/retaliation case.

  • Estate of Maia Haykin and Richard Haykin, Apps. v. City of Bellingham, et al., Res.
    Successfully defended National RR Passenger Corp. against a wrongful death lawsuit filed by the estate of an individual killed by an Amtrak train while crossing railroad tracks in Bellingham, Washington.

  • House v. Amtrak and BNSF Railway Company
    Successfully defended National RR Passenger Corp. against a lawsuit brought by a driver severely injured in a train accident in Marysville, Washington.

  • McVay v. BNSF Railway Company
    Successfully defended BNSF against a whistleblower/retaliation claim under the Federal Rail Safety Act.

  • Panter et al v. BNSF et al
    Successfully defended National RR Passenger Corp. in litigation brought by family members of a woman who died in a vehicular grade crossing accident involving a BNSF train and an Amtrak train in Bucoda, Washington.

  • Powers v. Union Pacific Railroad Company
    Successfully defended Union Pacific against whistleblower and retaliation claims under the FRSA.

  • Electrical Equipment Manufacturer Product Liability Claim
    Successfully represented an electronic equipment manufacturer in product liability and toxic tort litigation.

Professional Highlights

Professional Activities

American Bar Association, Rail and Motor Carrier Law Committee — Tort and Insurance Practice Section; Life Insurance Committee — Tort and Insurance Practice Section

National Association of Railroad Trial Counsel, Executive Committee; Regional Vice President

Washington State Bar Association

Washington Defense Trial Lawyers Association

Association of Transportation Law Professionals, President, 2019-2020; Board of Directors

Defense Research Institute, Member

The National Association of Railroad Trial Counsel, Executive Committee; past Regional Vice President

Association of Transportation Law Professionals, President

Defense Research Institute

Washington Defense Trial Lawyers

Recognition & Accomplishments

The Best Lawyers in America, Railroad Law, 2015-2025

Thomson Reuters, "Washington Super Lawyer," Transportation/Maritime, 2011-2014, 2018-2024

America's Top 100 Civil Defense Litigators, Washington, 2018

Judicial AV Preeminent Rating by Martindale-Hubbell

Avvo Rated 10/10 "Superb"

Board Memberships & Community Service

Broadmoor Golf Club

Seattle Tennis Club

Washington Athletic Club

Credentials 

Education

Willamette University College of Law (J.D. 1983)
Willamette Law Review, Associate Editor, 1982-1983

Westmont College (B.A., magna cum laude, 1979)

Admissions

Washington

U.S. District Court for the Eastern and Western Districts of Washington

U.S. Court of Appeals for the Ninth Circuit