Request for Legal Opinion on Bollard Safety and Liability Iron Horse Trail (PDF)

Re: Request for Legal Opinion on Bollard Safety and Liability - Iron Horse Trail October 19, 2025

Dear Lynne Bourgault (General Counsel, East Bay Regional Park District)

I am writing to you regarding urgent safety concerns on the Iron Horse Trail in Danville, specifically the bollards installed at roadway crossings. As you know, these bollards are 4” PVC posts painted a dull dark brown with minimal reflective tape. They are difficult to see in shaded, foggy, or twilight conditions and many openings measure below the 60-inch clearance recommended by CalTrans. Bollard Report: Improving Safety on the Iron Horse Trail, February 1, 2023 (PDF)

As outlined in the attached February 1, 2023, report, these bollards create a foreseeable and preventable hazard for cyclists, pedestrians, and students riding to and from nearby schools. Tragically, the 2022 fatality of Rob Reyes on a similar regional trail underscores the risk. Given these conditions, I respectfully request your office’s legal guidance on the following points:

  1. Liability Exposure – What level of liability does EBRPD face if a cyclist or pedestrian is injured or killed as a result of these substandard bollards? Does the Reyes case heighten EBRPD’s exposure if no corrective action is taken?
  2. Compliance with Standards – Is EBRPD legally required to follow the 2020 CalTrans Highway Design Manual (Chapter 1000) and AASHTO guidelines? Could failure to adopt these standards be considered negligence or breach of duty of care?
  3. ADA & Accessibility – Several bollard openings are 35–50 inches wide, significantly below the CalTrans 60-inch minimum. Does this pose a potential ADA compliance violation for wheelchairs, adaptive bicycles, and cargo bikes?
  4. Use of Bollards – Both CalTrans and Contra Costa County guidelines discourage bollards unless there is a documented history of motor vehicle intrusions. Is such a record established for the Iron Horse Trail? If not, does maintaining them increase legal risk?
  5. Duty of Care in Visibility & Maintenance – Given their dark color and minimal reflectivity, does EBRPD have a duty of care to repaint, illuminate, or retrofit these bollards? Could inaction be construed as “willful disregard” in a legal proceeding?
  6. Policy & Precedent – Sonoma County repainted and striped bollards after a cyclist fatality. Is EBRPD obligated to act once hazards are identified, and could inaction constitute gross negligence?
  7. Coordination with Town of Danville – Since bollards are maintained by EBRPD, but crosswalks fall under Town jurisdiction, how should legal responsibility be shared? Is a joint agreement (MOU or resolution) advisable before making changes?
  8. Insurance & Risk Management – Have EBRPD’s insurers provided guidance on liability exposure? Could failure to implement upgrades jeopardize coverage in the event of litigation?
  9. Next Steps – What legal process must EBRPD follow to adopt a district-wide bollard standard? Would temporary removal or suspension of high-risk bollards be legally prudent until upgrades are complete?

Given the heavy daily use of the Iron Horse Trail by cyclists, pedestrians, and schoolchildren, I urge EBRPD to treat this matter with urgency. I respectfully request a written legal opinion addressing the above questions and guidance on immediate and long-term steps to reduce liability and improve safety.

Thank you for your time and attention to this critical public safety issue. Respectfully,

Alan Kalin,
COL, U.S. Army (Ret)
Co-Chair, Danville Safety Advocates (BikeDanville.org) President, Mount Diablo Cyclists (MountDiabloCyclists.org) 2023 James Oberstar Award “Excellence in Bicycle Advocacy”
2023 Contra Costa County “Bike Champion of the Year” 2023 “California Outdoors Hall of Fame”

CC: John Mercurio, Board Member, EBRPD, Joe Cotcher, Operations Captain, EBRPD