Pedestrian accidents in Hawai’i can lead to serious injuries or even death. Understanding who is responsible for the accident—known as liability—is an essential part of any personal injury case. Determining liability can be complex, as various factors must be considered, including driver behavior, road conditions, and pedestrian actions.
Hawai’i traffic laws and pedestrian rights
Hawai’i law outlines specific rules to protect pedestrians. Drivers must yield to pedestrians at crosswalks and avoid reckless driving. However, pedestrians also have a responsibility to follow traffic signals and cross at designated areas. A failure by either party to follow these laws can contribute to the accident and affect liability.
Role of negligence in determining liability
Negligence plays a significant role in pedestrian accident cases. If a driver was speeding, distracted by a mobile phone, or ignored traffic signals, they may be considered negligent. Similarly, pedestrians who jaywalk or ignore traffic signals can be partially at fault. In Hawai’i, the state follows a comparative negligence rule, meaning the fault can be shared between the driver and pedestrian based on their actions during the accident.
Evidence to prove liability
To determine liability, evidence is key. Eyewitness testimonies, traffic camera footage, and police reports can all provide important details about the accident. Accident reconstruction experts may also be consulted to analyze the scene and determine how the accident occurred. In some cases, medical records showing the extent of injuries can support claims about the seriousness of the accident.
Legal assistance for determining liability
If involved in a pedestrian accident, it is vital to consult with a personal injury lawyer who understands Hawai’i’s laws. A lawyer can help gather evidence, analyze the case, and determine who is at fault, increasing the chances of securing fair compensation for medical bills and other damages.