In the Autumn of 2013, legislation creating California’s Active Transportation Program was signed into law. As part of the state’s Department of Transportation the ATP consolidated a number of existing programs in an effort to help the Golden State become a national leader in active transportation policy. The transportation programs streamlined by the ATP approach included:

• The State Safe Routes to School Program,
• The Transportation Alternatives Program, and
• The Bicycle Transportation Account

ATP’s mission is to facilitate and encourage increased utilization of active modes of transportation. California’s DOT website lists the following as the primary goals of the ATP:

• Increase safety and mobility for non-motorized users
• Increase the proportion of trips accomplished by biking and walking
• Enhance public health
• Ensure that disadvantaged communities fully share in the benefits of the program
• Advance the active transportation efforts of regional agencies to achieve Greenhouse Gas (GHG) reduction goals, pursuant to SB 375 (of 2008) and SB 341 (of 2009)
• Provide a broad spectrum of projects to benefit many types of active transportation users

Effective pursuit of these goals directly benefits some of California’s most vulnerable travelers. Recent studies and federal statistics strongly suggest that while there was a dip in injurious pedestrian accident rates during 2020 (likely due to reduced traffic resulting from pandemic-related lockdowns), motor vehicle accidents that harm pedestrians are becoming more common, not less. This is just one example of the ways in which California’s pedestrian and cyclist populations are currently underserved when it comes to safe, reliable active transportation opportunities. Unfortunately, pursing the ATP’s goals is proving to be unreasonably difficult due to budget constraints.

Putting Money Where the DOT’s Mouth Is

When the ATP was created, massive city street transformations and small-town improvement projects started having to compete with one another for access to the same communal funding “pot.” California’s legislature has continued to grow the amount of funding available for ATP since its inception in 2013. However, demand for these funds has far outpaced general funding increases. The competition has grown so fierce that, somewhat counter-intuitively, the number of applications for this funding have dropped dramatically. For example, in 2020, only 64 project proposals were submitted to the ATP from the 89 municipalities in Los Angeles County. This county is famous for its congested roadways and its surface streets that are anything but pedestrian-friendly. One would imagine that hundreds of bike, pedestrian, and school safety proposals would pour into the ATP offices from this county annually. Yet, StreetsBlog L.A. recently reported that “many public agencies and advocates know their chances are slim in the ever more competitive ATP, finding that it’s no longer worth the time and expense needed for a winning application. Plenty are simply tired of rejection.”

This discouragement is backed up by data. In 2013, 37 percent of ATP proposals were funded. In 2020, only 22 percent of ATP proposals were partially or fully funded. Despite consistent increases in the dollar amounts afforded to the ATP by the legislature, the program remains incapable of meeting the state’s pedestrian, cyclist, and school safety transportation needs. Those who either choose to or have to use these forms of active transportation suffer the consequences of this underfunded reality.

The Consequences of a Pedestrian-Unfriendly California

If you have been injured while traveling as a pedestrian or cyclist, you are not alone. According to California’s Office of Traffic Safety, California’s pedestrian fatality rate is not only almost 25 percent higher than the U.S. average, it is on the rise. In between 2014 and 2018 alone, the fatal pedestrian accident rate in the Golden State rose a staggering 26 percent. Additionally, in 2018 alone, more than 14,000 pedestrians were non-fatally injured but required medical attention as a result of their injuries. These statistics don’t account for the number of accidents each year that affect cyclists, and both motorized and non-motorized scooter operators, all of whom share many of the same safety challenges that pedestrians do.

According to the Department of Public Health, traffic crashes are the primary cause of premature death in Los Angeles County for children aged 5-14. Additionally, these crashes are the number two cause of death for children aged 1-4, young adults aged 15-24, and adults aged 25-44. Dividing up California’s state budget in ways that meet the state’s diverse and extensive needs is a monumental task. There is no single “right way” to go about ensuring that pedestrian, cyclist, school safety and other forms of active transportation are made safer for one and all. However, it is becoming increasingly clear that this is an urgent public safety issue and must be addressed in ways that are more effective than the current ATP structure is proving to be. 

While it is true that California affords accident victims numerous protections and opportunities for justice, the best case scenario involves eliminating most risk factors for pedestrians and other active travelers in the first place.

Legal Aid Is Available

All too often, pedestrians and cyclists who have been injured as a result of motor vehicle collisions don’t speak with an attorney about pursuing legal action because they assume that there is “nothing to be done.” This is understandable, as being injured in this way can leave anyone feeling less empowered than they otherwise might be. However, in reality, California affords accident victims a variety of protections and opportunities to seek legal recourse. As a result, it is always a good idea to speak with an experienced attorney about your legal options before dismissing the idea that you might be owed significant compensation in the wake of an accident.

Our firm’s experienced and knowledgeable team has earned a reputation for providing high-quality legal services to accident victims. We strive to treat every case with the kind of personalized attention you’d expect from a small firm but with the comprehensive focus traditionally associated with larger firms. It would be our honor to advise you of your legal options and to provide you with any legal support that you may need during this challenging time.