How to determine liability in a pedestrian accident in Hawaii

Hawaii’s roads are shared by cars, motorcycles, bicyclists, and pedestrians alike. Unfortunately, when vehicles collide with pedestrians, the consequences are often severe and even fatal. If you or a loved one has been struck while walking, one of the most important questions you’ll face is: Who is legally responsible? 

Determining liability in a pedestrian accident isn’t always straightforward. Multiple parties may be at fault, and proving negligence requires a careful investigation of the facts.

In this guide, we’ll walk you through the process of determining fault, the legal principles involved in pedestrian injury claims, and why working with a Hawaii pedestrian accident lawyer can be essential to protecting your rights and maximizing your compensation.

Hawaii Law: A Pedestrian-Friendly State, But Not Without Risk

Hawaii’s traffic laws are designed to protect pedestrians. Under state law, drivers must yield the right of way to pedestrians in crosswalks and exercise due care to avoid hitting anyone on foot. Despite these protections, pedestrian accidents remain a serious issue in Hawaii, especially in busy areas like Honolulu, Hilo, and tourist-heavy districts.

Common causes of pedestrian accidents include:

• Distracted driving
• Speeding, especially in residential or school zones
• Failing to yield at crosswalks or intersections
• Driving under the influence
• Poor visibility or inadequate street lighting

To hold someone legally responsible for a pedestrian injury, you must prove that their negligence caused or contributed to the incident.

Understanding Negligence in Pedestrian Accidents

Liability in most personal injury cases, including pedestrian accidents, is based on the concept of negligence. In simple terms, negligence occurs when someone fails to act with reasonable care, and that failure results in harm to another person.

To establish negligence in a pedestrian accident, four legal elements must be proven:

• Duty of care: The driver (or another party) owed a legal duty to act with reasonable care toward pedestrians.
• Breach of duty: That duty was breached, such as by speeding or texting while driving.
• Causation: The breach directly caused the accident and resulting injuries.
• Damages: The pedestrian suffered actual harm, such as medical bills, lost wages, or pain and suffering.

A successful pedestrian injury claim requires evidence that supports all four of these elements. This is where legal representation becomes especially important.

Who May Be Liable in a Hawaii Pedestrian Accident?

While drivers are often at fault in pedestrian crashes, they’re not the only potentially responsible parties. Depending on the circumstances, others may share liability. These can include:

The Driver

Most often, the driver of the vehicle is found to be at fault, particularly if they were speeding, distracted, impaired, or failed to yield at a crosswalk.

The Pedestrian

Pedestrians have a duty to follow traffic laws. If a pedestrian darted into traffic outside a crosswalk, ignored a “Don’t Walk” signal, or was intoxicated, they may be partially responsible.

Government Entities

Poorly maintained sidewalks, broken crosswalk signals, or inadequate lighting may contribute to an accident. In such cases, a city or state agency could be held partially liable.

Third Parties

If a vehicle malfunctioned due to a defective part, the manufacturer may bear responsibility. Or, if a driver was working at the time of the crash, their employer might also be liable under certain circumstances.

Because liability can be shared among multiple parties, determining who is legally responsible often requires a thorough investigation by a skilled attorney.

How Comparative Fault Works in Hawaii

Hawaii follows a modified comparative fault rule, which means a pedestrian can still recover damages even if they were partially at fault, as long as they are less than 51% responsible for the accident. However, their compensation will be reduced in proportion to their degree of fault.

For example:

• If a court determines you were 20% at fault for crossing outside a crosswalk, and your damages total $100,000, you could still recover $80,000.
• If you’re found to be 51% or more at fault, you will be barred from recovering compensation.

Because insurance companies may try to blame pedestrians to reduce payouts, having an experienced Hawaii pedestrian accident lawyer is critical to protecting your rights and minimizing any fault assigned to you.

Proving Liability: Key Evidence in Pedestrian Injury Claims

Establishing fault in a pedestrian accident often comes down to evidence. An attorney will help gather, review, and present the necessary documentation to support your claim.

Important evidence may include:

• Police reports detailing the scene and officer observations
• Eyewitness statements from bystanders or other drivers
• Traffic camera or surveillance footage showing the collision
• Photographs of the scene, injuries, and vehicle damage
• Medical records linking the injuries to the incident
• Expert testimony in cases involving vehicle speeds or road design

In some cases, a crash reconstruction expert may be brought in to determine how the accident occurred and who is most likely at fault.

The Role of Insurance in Pedestrian Accident Claims

Hawaii is a no-fault insurance state, which means injured pedestrians typically begin by filing a claim through the personal injury protection coverage of the driver’s auto insurance. This coverage can help pay for medical expenses and lost income up to policy limits, regardless of who was at fault.

However, for serious injuries that exceed PIP coverage or involve permanent disability, you may step outside the no-fault system and file a personal injury lawsuit against the at-fault driver or other liable parties.

A Hawaii pedestrian accident lawyer can assess whether your injuries qualify and guide you through the claims process.

Steps to Take After a Pedestrian Accident in Hawaii

What you do in the moments and days following an accident can significantly impact your ability to recover compensation. If you’re physically able, take the following steps:

• Seek medical attention immediately, even if injuries seem minor
• Call the police and file an official accident report
• Get contact and insurance information from the driver
• Gather evidence, including witness names and photos of the scene
• Avoid speaking to insurance companies without legal guidance

Early involvement from a lawyer can also help preserve evidence, advise you on your rights, and protect you from lowball insurance offers.

Damages You May Be Entitled To

If another party is found liable for your injuries, you may be entitled to compensation for:

• Medical expenses (including future treatment)
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress or trauma
• Permanent disability or disfigurement
• Loss of enjoyment of life

In the tragic event that a pedestrian is killed, their family may pursue a wrongful death claim to recover funeral expenses, loss of companionship, and other financial damages.

Why Legal Representation Is So Important

Pedestrian accidents can lead to complex legal battles involving multiple parties and disputed liability. Insurance companies are often quick to point fingers at the victim, especially when there’s no clear video footage or unbiased eyewitnesses.

An experienced attorney can:

• Investigate the accident and uncover all liable parties
• Handle negotiations with insurers
• Consult experts to strengthen your case
• Ensure all legal deadlines are met
• Fight for full and fair compensation, whether through settlement or trial

With the stakes so high, having a knowledgeable advocate in your corner can make all the difference.

Speak With a Hawaii Pedestrian Accident Lawyer Today

If you’ve been injured in a pedestrian accident, don’t wait to seek the guidance you need. The trusted team at Leavitt, Yamane & Soldner has years of experience handling pedestrian injury claims across Hawaii and is ready to help you determine liability and pursue the compensation you deserve. 

Call (808) 537-2525 today to schedule your free consultation with an experienced Hawaii pedestrian accident lawyer who will stand by your side every step of the way.