County to pay $900K to pedestrian's family

Steven Bland, then 19, was crossing five lanes of traffic at Palo Verde and Milton roads when he was struck by 79-year-old Donald Miller. Bland was thrown into the windshield, suffering a traumatic brain injury.

Miller told police he did not see the crosswalk, although he did notice the vehicle adjacent to him beginning to slow down. An eyewitness also said Bland never looked up into the direction of oncoming traffic.

Miller's insurance company agreed to pay $100,000 of the settlement agreement worth $1 million.

Attorneys for the Bland family said county officials should have known crosswalks are inherently dangerous on multi-lane roadways with speed limits above 40 mph.

Attorney Ron Mercaldo had a similar case, stemming from a 2004 crash in which a 15-year-old student was struck in a crosswalk outside Mountain View High School - another area that had a 45 mph speed limit and limited signage. A jury found Pima County 20 percent at fault, leaving the county was responsible for $1.8 million of the $9.1 million award.

Transportation guidelines indicate poorly marked or designed crosswalks not only can cause more rear-end collisions, but can endanger pedestrians by lulling them into a false sense of security, thinking a motorist can stop, even when it's impossible.

Mercaldo said the county responded to the original case by putting flashers out at that crosswalk. "I really expected them to take out the Milton/Palo Verde crosswalk, but they did nothing and a kid was hurt."

There have been four other accidents at that intersection in the past 10 years involving pedestrians or cyclists.

Transportation Director Priscilla Cornelio said the department previously considered installation of other improvements but hadn't yet acted.

A special pedestrian-activated traffic signal costs about $150,000 per installation, she said.

Cornelio said with the settlement of this case, the department will begin a comprehensive study of the area to consider changes, including speed-limit reductions.

Pima County Supervisor Richard Elías said he didn't expect the settlement to have broad ramifications for the county's liability at other crosswalks, given the unique circumstances at this intersection. "It seemed like an appropriate settlement, given our exposure and the impacts on this young man's life."

Contact reporter Rhonda Bodfield at rbodfield@azstarnet.com or 573-4243.