Settlement is reached
in deadly 2002 crash

Sixteen-year-old Marilene Bacani was on her way to do volunteer work with disabled children when she was struck by a car in a marked crosswalk on Fort Weaver Road.

The accident occurred July 9, 2002, near the Child and Family Services Center.

Now, after nearly three years, the parents of the Campbell High School honors student have reached an $800,000 settlement with the state and the driver of the car that killed her.

"The Bacani family agreed to settle their claim because corrective measures were taken that will help to prevent another tragedy like this from happening," said Daniel Morris, the family's attorney.

After their only child's death, Alberto and Isabelita Bacani "lobbied hard to have improvements made," Morris said.

The state installed a pedestrian-activated traffic light, and the area was designated as a school zone, reducing the speed to 35 mph from 45 mph, Morris said.

Morris said 50,000 cars travel the road each day. Children and seniors use the crosswalk, which has bus stops at both ends and is near the Child and Family Services Center, with a child care center.

Just a few months earlier, a boy riding a bicycle was also hit by a car in the same crosswalk, Morris said. The Ewa Pedestrian Coalition was formed to address safety concerns about this crosswalk, but nothing happened, he said.

Hawaii has one of the highest rates of pedestrian fatalities in the nation, Morris said. "Hopefully, this settlement will raise awareness of the need for cooperation between government officials, drivers and pedestrians to improve the safety of Hawaii's roadways."

The state settled the case for $500,000, and the driver's insurance carrier paid the driver's full policy limit of $300,000.