When a pedestrian is hit by a vehicle, the damage can be life-altering and often fatal. In Hawaii, pedestrian accidents are an all-too-common occurrence. In fact, in recent years, pedestrian fatalities have increased in the state. The Hawaii Department of Transportation states that pedestrian fatalities rose from 15 in 2017 to 44 in 2020. These accidents are often caused by drivers failing to follow traffic laws and not using reasonable care when operating their vehicles.
If you or a loved one has been a victim of a pedestrian accident in Hawaii, it’s important to understand the state’s personal injury laws to protect your rights and pursue fair compensation.
Table of Contents
Contributory Negligence
One important aspect of Hawaii’s personal injury laws is the doctrine of contributory negligence. This means that if a pedestrian was partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a pedestrian was jaywalking when they were hit by a vehicle, and they were found to be 25% at fault, their compensation may be reduced by 25%.
It’s important to note that Hawaii follows a modified comparative fault system. This means that if the pedestrian is found to be more than 50% at fault for the accident, they may be barred from recovering any damages.
Statute of Limitations
In Hawaii, there is a statute of limitations that restricts the amount of time a person has to file a personal injury claim. According to the state’s laws, an injured party has two years from the date of the accident to file a lawsuit. If you fail to file your lawsuit within this time period, you may lose your right to pursue compensation.
Hawaii’s No-Fault Car Insurance System
Hawaii is a no-fault car insurance state, which means that regardless of who caused the accident, both parties involved are required to file a claim with their own insurance company first. This system is designed to reduce the amount of time it takes for accident victims to receive compensation for their injuries.
However, there are situations where a victim can bypass the no-fault system and file a personal injury lawsuit against the at-fault driver. One example is if the accident resulted in permanent and serious injuries, which include:
- Loss of limb
- Loss of function in a limb or body part
- Permanent disfigurement or scarring
- Permanent disability
- Death
Types of Compensation
If you or a loved one has been involved in a pedestrian accident, you may be entitled to compensation for your injuries. Types of compensation may include:
- Medical expenses: This includes the cost of hospitalization, surgeries, doctor visits, rehabilitation, and medications.
- Lost wages: If you had to take time off work due to your injuries, you may be compensated for any lost income.
- Pain and suffering: This includes the physical and emotional pain and suffering you experienced as a result of the accident.
- Disability or disfigurement: If the accident resulted in permanent disabilities or disfigurement, you may be entitled to compensation.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you once enjoyed, you may be compensated for the loss of enjoyment of life.
Choosing a Personal Injury Attorney
If you’re involved in a pedestrian accident in Hawaii, it’s important to choose an experienced personal injury attorney who can help you navigate the complexities of the state’s personal injury laws. Look for an attorney who specializes in personal injury law and has experience handling pedestrian accident cases.
Conclusion
Pedestrian accidents can have devastating consequences, and it’s important to know your rights under Hawaii’s personal injury laws if you’re involved in one. If you or a loved one has been involved in a pedestrian accident, seek immediate medical attention and then contact an experienced personal injury attorney. The right attorney can help you understand your legal options and fight for fair compensation.