Lobbyists Run Over Reform of Pedestrian Safety Laws

Much of the legislation proposed this year to make the streets of California safer for pedestrians failed to win passage even as the number of accidents in high-risk communities such as Santa Ana continued to rise.

The bills, which would have changed the way speed limits are set, boosted pedestrian safety programs and shifted greater legal liability to motorists, came under heavy opposition from unexpected sources: the Teamsters, the Auto Club, the ACLU and taxi cab firms.

These groups argued that the proposed measures were unfair to motorists, would slow traffic to a crawl and could actually increase pedestrian injuries.

“It would . . . encourage pedestrians to engage in risky behavior on the theory that they possess new ‘rights,’ ” the Teamsters union wrote in a letter opposing one plan that would give pedestrians the right of way on more types of intersections.

Legislators introduced roughly a half-dozen bills this year, alarmed by high numbers of pedestrian accidents in urban neighborhoods from Santa Ana to San Francisco. Assemblyman Lou Correa (D-Anaheim) sponsored two of the bills and said he was disappointed at the heavy opposition.

“The automobile continues to reign as king,” Correa said.

Santa Ana recently has ranked as one of the most dangerous places in the state for pedestrians. There have been six fatal accidents so far this year (the same as the same period last year) and 95 injuries (up from 86 during the same period in 1999), according to statistics from the police department.

Three of the six deaths involved people who were legally drunk; another victim was a 2-year-old boy run over by a car as he played near his apartment complex parking lot.

One of those not intoxicated, 63-year-old Julian Arzate, was fatally struck by a passing car at 5:42 a.m. as he headed for a bus stop on his way to work--the same route he’d walked hundreds of times before.

City officials express disappointment at the number of accidents, which comes despite a nearly two-year push to improve pedestrian safety. Since March 1999, police officers have issued 20,000 jaywalking tickets and walked home 2,340 children who cross the street unsafely.

“To do such extensive enforcement and surveying, and then to continue to see people hurt and killed on city streets, it’s frustrating and demoralizing,” said Santa Ana police Sgt. Raul Luna.

Officials Frustrated as Bills Are Weakened

Officials, however, said they are heartened by a modest decline so far this year in the number of pedestrian accidents involving children. During the first nine months of last year, 52 children were hurt; this year, the number is 48. The biggest drop is seen in the number of injury accidents involving 5- to 9-year-olds, which declined from 21 to 14.

Many in the city were hoping that the flurry of pedestrian safety legislation would further boost their efforts. But most of those bills were either killed or significantly trimmed during the legislative session. For example:

* The most comprehensive pedestrian safety legislation ever introduced in the state, “The Pedestrian Safety Act of 2000” was gutted of key provisions before its passage. One section that would have held motorists criminally liable for striking a pedestrian was changed to allow only the imposition of fines.

Several groups fought the original bill, including the ACLU, saying the potential penalties for motorists--including felony convictions and jail terms--were “clearly excessive.”

“It would be highly unfair to stigmatize the driver with a criminal conviction for a moment of inattention,” wrote the United Taxi Cab Workers in opposing the measure.

* Another part of the original bill would would have shifted the burden of responsibility from pedestrians to motorists for acting safely in certain traffic situations.

The Auto Club argued that current laws are adequate and that the proposal “essentially abrogates a pedestrian’s being responsible for his own safety and places the burden exclusive on the motorist.”

The Teamsters were more blunt: “This provision . . . will result in chaos on busy streets as motorists slow down to monitor pedestrian activity near the intersection.”

* A bill requiring cities to weigh pedestrian safety as a factor in setting speed limits died under opposition from the Teamsters union, which argued it would stymie traffic flow. Another bill that makes it optional for cities to consider pedestrian safety when setting speed limits did pass.

* A $10-million proposal to bolster the ranks of crossing guards statewide failed to pass an appropriations committee.

Pedestrian safety advocates did win passage of a bill raising the fine for motorists who hit pedestrians in crosswalks, from $100 to $594. Gov. Gray Davis signed the bill Friday.

Assemblyman Correa and others said they would continue to fight for legislation next year but admit it will be an uphill battle.

“Locally, I think pedestrian safety is a crisis, but I don’t think it’s reached the crisis level in the Legislature yet,” said James Corless, spokesman for the Surface Transportation Police Project, a pedestrian advocacy group.

Santa Ana Has Big Plans for Modest State Grants

The state did boost pedestrian safety funding by $8 million, Corless said, but it’s far less than safety advocates wanted and represents only a tiny fraction of the $15 billion spent on transportation each year in California.

Back in Santa Ana, officials are using the modest grants the city has received from the state for a variety of projects at problem intersections that they hope will finally make a difference.

Traffic engineers are experimenting with special flashing lights at some crosswalks aimed at getting the attention of motorists, who they hope will then slow down.

The city also plans to install traffic signals in front of several campuses including Pio Pico and Lowell Elementary schools, where hundreds of children cross daily.

“It’s a mass of young humanity trying to cross the street there at the same time,” said Judith Magsaysay, Pio Pico’s principal. “Now the cars will be coming to a complete stop so that children will have an opportunity to cross the street safely.”

Perhaps the biggest challenge facing city leaders is changing old habits by motorists and pedestrians alike.

Consider the case of Arzate, a boat-builder who was killed a few blocks from home during the early morning walk that he made daily.

He strode across one lane of traffic, then noticed a car coming his way in the second lane, He took one fatal step backward and was hit. The driver was not cited, and police note that the intersection where Arzate crossed did not have a crosswalk.

Officials believe their best shot at reducing accidents is by educating people about the dangers.

“It really does have to do with attitude and the way people see things,” said Ruth Smith, an associate traffic engineer. “Until there’s a change in attitude, we’re not going to see any changes in these figures.”