You see it every day across the islands of Hawaiʻi — people crossing roads, weaving between cars or waiting patiently at intersections. If you walk regularly, you’ve probably wondered what would happen if a car struck you. You might assume the driver automatically bears the blame, but the truth under Hawaiʻi law is a little more complicated.
Let’s break down when a driver holds responsibility and when fault might be shared.
When drivers are at fault for hitting a pedestrian
As a pedestrian, you have the right to expect that drivers will act responsibly and follow the law. Hawaiʻi law requires drivers to yield the right of way to you in marked crosswalks, at intersections and in other situations where your presence should be clear.
Drivers are typically at fault if they:
- Speed through a crosswalk
- Fail to yield at intersections
- Run red lights or stop signs
- Drive while distracted or texting
- Drive under the influence of drugs or alcohol
The law expects drivers to be alert and prepared to stop when you are legally in their path.
When pedestrians may share responsibility
Even though drivers carry a heavy duty of care, that does not mean you can ignore your own responsibility for safety. Hawaiʻi follows a comparative negligence system, which means both parties may share the blame.
Pedestrians may share responsibility if they:
- Cross outside of a marked crosswalk
- Suddenly step into traffic
- Step out from between parked vehicles
- Walk while distracted by a phone or headphones
You may still recover compensation, but your actions may reduce the amount if they contributed to the accident. The simple reality is that fault is not automatically assigned — it depends on the details of how the accident occurred.
How fault is determined in pedestrian accidents
In every pedestrian accident case, the facts determine who is at fault. There is no universal rule because no two situations unfold in exactly the same way. If you are involved in an accident, investigators will review police reports, statements from you and the driver, witness accounts and possibly video footage if available.
All of these pieces help establish a clear picture of what led to the collision. What matters most is whether the driver or pedestrian — or both — failed to act with reasonable care under the circumstances. Knowing how these decisions are made can help you better understand your rights if you are ever in this unfortunate situation.
What you should do next
If you walk regularly or were recently part of a pedestrian accident, it is natural to want answers about who may be at fault. The most important thing you can do now is stay informed and protect yourself by understanding the rules and responsibilities of both drivers and pedestrians. Keep this knowledge in mind any time you are walking near traffic, and always use crosswalks and stay aware of your surroundings to reduce your risk and stay safe.