California Passes New Law for “Complete Streets” That Safely Accommodate Pedestrians, Cyclists, and Others

​In September 2024, Governor Gavin Newsom signed Senate Bill 960 (SB 960) into law, marking a significant advancement in California’s transportation planning. Authored by Senator Scott Wiener of San Francisco, this legislation mandates the California Department of Transportation (Caltrans) to prioritize the implementation of “complete streets” facilities in all state highway projects. The objective is to create roadways that safely accommodate all users, including pedestrians, motorcyclists, and public transit riders.

Legislation like this highlights the role of state agencies like Caltrans to design and build safe streets, with legal implications when the government fails to fulfill this role responsibly. Learn more about SB 960 below and how it affects vulnerable road users in California. If you have been injured in a motorcycle or pedestrian accident in the Bay Area, contact William E. Weiss, Attorney at Law, to visit with a skilled and experienced San Francisco personal injury lawyer.

Key Provisions of SB 960

1. Integration of Complete Streets Facilities: Caltrans is required to incorporate so-called “complete streets” elements—such as sidewalks, bike lanes, and transit priority features—into projects funded by the State Highway Operation and Protection Program (SHOPP). ​

2. Establishment of Performance Measures: The legislation mandates the adoption of specific targets and performance measures that reflect state transportation goals, particularly concerning the existence and condition of pedestrian and transit facilities on the state highway system. ​

3. Development of Transit Priority Policy: Caltrans must adopt a policy to guide the implementation of transit priority facilities and stops on the state highway system, aiming to enhance the efficiency and reliability of public transportation. ​

4. Streamlining Approval Processes: The bill requires Caltrans to establish a streamlined process for reviewing and approving “complete streets” facilities proposed by local jurisdictions or transit agencies, including the designation of an encroachment permit manager in each district to facilitate efficient processing.

Governmental Liability for Unsafe Road Conditions

While SB 960 aims to proactively enhance road safety through improved design, it’s crucial to understand the legal implications when accidents occur due to unsafe road conditions. In California, governmental entities can be held liable for accidents and injuries resulting from defectively designed or negligently maintained roads, hazardous intersections, or inadequate or obstructed signage.​

The first step in understanding government liability is to recognize the duty to maintain safe roadways. State and local governments are legally obligated to ensure that roads within their jurisdictions are safe for public use. Failure to fulfill this duty, leading to dangerous conditions, can result in governmental liability when accidents occur. ​

To hold a government entity liable for injuries caused in a motor vehicle, motorcycle or pedestrian accident, it must be generally demonstrated that:​

1. A hazardous road condition existed.​
2. The government entity created the dangerous condition or had actual or constructive notice of the condition and sufficient time to address it.​
3. The dangerous condition directly caused the accident and resulting injuries. ​

When considering governmental liability, it is important to consider the concept of design immunity. Under California Government Code § 830.6, public entities may be immune from liability if the alleged hazardous design was part of an approved plan by the appropriate authority. However, this immunity may not apply if it can be shown that the design has become dangerous due to changed circumstances or if the plan was deficient from the outset. ​

Steps to Take if Injured Due to Unsafe Road Conditions

1. Document the Scene: If your injuries don’t prevent you from doing so, collect evidence such as photographs of the hazardous condition, witness statements, and police reports.​

2. Seek Medical Attention: Obtain immediate medical care to address injuries and create a medical record linking the injuries to the accident.​ This may include taking a ride to the hospital or following up with a medical provider in a day or two to ensure any injuries are promptly identified and treated.

3. Consult a Personal Injury Attorney: Engage an attorney experienced in governmental liability to evaluate the case, navigate the complex procedures of filing a claim against a public entity, and advocate on your behalf in settlement negotiations or in court.​

4. Act Promptly: Be aware of the strict timelines for filing claims against government entities in California. Typically, a claim must be filed within six months of the injury when a public agency is involved, compared to a two-year deadline for filing a personal injury lawsuit against a private party.

Contact Attorney William E. Weiss for Your San Francisco Bay Area Personal Injury Matter

If you or a loved one has been harmed by the negligence of another, whether it’s a distracted driver or the state of California, William E. Weiss, Attorney at Law, is here to help. Call the office at 415-362-6765 to schedule a free consultation. You can also reach Attorney Weiss directly on his cell phone at 415-235-7060 or via email at william.weiss@gmail.com. Let us help you get the compensation you need and the justice you deserve.