Hawaii Comparative Negligence: What If You Were Partly at Fault?
August 26, 2026
Being partially responsible for an accident does not automatically end your right to compensation in Hawaii. Under Hawaii’s modified comparative negligence rule, you may still recover damages even if you contributed to the crash or incident, as long as your share of fault does not exceed 50%. If you have questions about how Hawaii’s partly-at-fault rules affect your claim, an attorney can help you understand exactly where you stand and how to protect the maximum possible recovery.
How Hawaii’s Modified Comparative Negligence Rule Works
Hawaii follows a modified comparative negligence rule under Hawaii Revised Statutes §663-31. An injured person may recover damages as long as their share of fault does not exceed 50%. If a court finds them 51% or more responsible, they recover nothing. Any award is reduced proportionally by their degree of fault.
This means that fault is measured as a percentage, and that percentage is applied directly to your damages. If a jury awards you $200,000 in total damages but finds you were 30% at fault, your actual recovery would be reduced to $140,000. If the jury finds you were 51% at fault, you would receive nothing.
The 50% threshold is the dividing line, and whether you fall just below or just above it can determine whether you receive substantial compensation or no compensation at all. Your fault is compared against the combined fault of the parties you actually sue, not against everyone who may have contributed to the accident.
Who Determines Fault Percentages in a Hawaii Personal Injury Case?
In cases that go to trial, a jury typically determines each party’s percentage of fault based on the evidence presented. The jury considers factors including the conduct of each driver or party involved, applicable traffic laws and safety regulations, the road conditions at the time of the accident, and expert testimony from accident reconstruction specialists or other technical witnesses.
When a claim settles before trial, fault percentages are negotiated between the parties and their insurance companies. Insurance adjusters routinely attempt to assign the injured person a higher percentage of fault as a strategy to reduce the settlement value of the claim. Our Hawaii personal injury law firm handles claims involving disputed fault. We review the evidence and challenge attempts by insurers to place too much blame on injured clients.
Common Scenarios Where Comparative Fault Arises in Hawaii Accidents
Comparative fault arguments arise in a wide range of Hawaii accident cases. In a Maui car accident, a driver may be found partially at fault for speeding even though the other driver ran a red light. In a Kauai slip and fall case, an injured guest may be found partially at fault for wearing inappropriate footwear on a wet pool deck even though the resort failed to post wet floor warnings.
In a Big Island pedestrian accident, a walker who crossed outside a marked crosswalk may be assigned partial fault even though the driver was distracted and failed to brake in time. In motor vehicle cases, comparative fault only matters once the injured person can bring a tort claim. Hawaii Revised Statutes § 431:10C-306 sets that threshold. The injured person must meet either the $5,000 personal injury protection medical-rehabilitative benefits limit or suffer a qualifying serious injury.
The specific facts of each case determine how fault is apportioned. Our Hawaii practice areas include evaluating comparative fault scenarios and building the strongest possible case for minimizing a client’s assigned percentage of fault. Even a 10-percentage-point difference in the fault assignment can mean tens of thousands of dollars in a substantial claim.
How Insurance Companies Use Comparative Fault Against Hawaii Injury Victims
Insurance adjusters for at-fault drivers are trained to identify anything in the accident record that can be attributed to the injured person’s conduct and to use those facts to argue for a higher fault assignment. Common tactics include pointing to traffic violations noted on a police report, using surveillance footage that captures the injured person’s behavior before the crash, referencing statements the injured person made at the scene, and commissioning accident reconstruction reports that interpret ambiguous evidence in the defendant’s favor.
Statements made to a responding officer, a paramedic, or an insurance company representative in the aftermath of an accident are frequently used against the injured person in a comparative fault analysis. This is one of the most important reasons why speaking with an attorney before giving any recorded statement to the opposing insurance company is strongly advised. A lawyer can ensure that your account of events is presented accurately and in context.
What Happens When Multiple Parties Share Fault in Hawaii
Hawaii personal injury cases sometimes involve more than two parties, each bearing a portion of fault. A multi-vehicle crash on the Honoapiʻilani Highway might involve three drivers, with a jury assigning 40% fault to Driver A, 35% to Driver B, and 25% to the injured plaintiff. In that scenario, the plaintiff’s own 25% share would reduce the total award by 25%, and because each driver was found at least 25% at fault, either one could be held responsible for the full remaining amount rather than only their individual share.
Hawaii Revised Statutes §663-10.9 governs how multiple defendants share responsibility for paying a judgment. It preserves joint and several liability for economic damages in injury and death cases and for noneconomic damages against any defendant found 25% or more at fault. An attorney can analyze the specific defendants in your case, their respective insurance coverage, and the most effective strategy for maximizing your actual recovery from all available sources.
Hawaii Comparative Negligence: How Fault Affects Your Recovery
| Your Fault % | Total Damages Awarded | What You Recover |
|---|---|---|
| 0% | $300,000 | $300,000 (full award) |
| 20% | $300,000 | $240,000 (reduced by 20%) |
| 35% | $300,000 | $195,000 (reduced by 35%) |
| 50% | $300,000 | $150,000 (reduced by 50%) |
| 51% | $300,000 | $0 (barred from recovery under HRS §663-31) |
| 75% | $300,000 | $0 (barred from recovery under HRS §663-31) |
Frequently Asked Questions
Can I still recover compensation if I was 40% at fault for my Hawaii accident?
Yes. Under HRS §663-31, you may recover damages as long as your fault does not exceed 50%. At 40% fault, your award would be reduced by 40%, but you would not be barred from recovery.
What happens if the insurance company says I was more than 50% at fault?
An insurer’s fault determination is not final. An attorney can challenge that assessment with accident reconstruction evidence, witness statements, and legal arguments. Fault is ultimately determined by a judge or jury if the case goes to trial.
Does comparative fault apply to slip and fall cases in Hawaii as well as car accidents?
Yes. Hawaii’s modified comparative negligence rule applies to all personal injury claims, including premises liability cases such as slip and fall accidents at hotels, resorts, and other properties.
Can the at-fault driver’s insurer assign me a higher fault percentage to reduce my settlement?
Insurers routinely attempt to inflate the injured party’s assigned fault percentage to reduce settlement value. An attorney can evaluate the evidence, challenge inflated fault assignments, and present an accurate picture of what happened.
Being partly at fault for your Hawaii accident does not have to end your claim. Leavitt, Yamane & Soldner has helped clients across Hawaii protect their right to recover compensation even in complex comparative fault cases.
Contact us at (808) 537-2525 for a free consultation today and find out how much your claim may be worth.
Last reviewed: August 2026
Attribution: This post was reviewed by Attorney James T. Leavitt.
Disclaimer: Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney for guidance specific to your situation.