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How to File a Truck Accident Claim in Hawaii

April 5, 2023

Due to the enormous weight and size involved, truck accidents in Hawaii are always more complicated than those involving cars, motorcycles, pedestrians, or bicycles. Moreover, personal injury cases involving accidents involving 18-wheeler trucks, semi-trucks, tractor-trailers, or other large trucks are typically more severe due to the intensity of impact.

But regardless of the sort of accident you were involved in, there is one certainty: at some time during your recovery, usually within days or even hours following a crash, an insurance company may approach you and offer quick compensation.

Please consult a truck accident attorney in Hawaii before making any comments or agreements with an insurance adjuster. An experienced attorney understands how to file a personal injury claim after a truck, what it takes to win, and how to prevent an insurance company or trucking firm from taking advantage of you at a time when you are most vulnerable.

Truck Accident Statistics in Hawaii

How to File a Truck Accident Claim in HawaiiPer data provided by the Hawaii Department of Transportation, between 120 and 150 people are killed annually in motor vehicle accidents in Hawaii. In Hawaii, speeding caused more accidents than distracted driving combined, but when large trucks are involved, driver fatigue and failure to pay attention to surroundings were the two most common causes.

What’s more, there were 25 fatalities in Hawaii within the first three months of a single year. That was more than twice as much as the previous year at this time. And according to the current Highway Safety Plan of the Department of Transportation, Hawaii is not likely to meet its goals for the reduction of fatalities and serious injuries based on the available data.

What to Do After a Truck Accident in Hawaii

Adhering to traffic restrictions may lower the probability of being involved in a truck accident, but the danger remains regardless of how careful you are. This is particularly true considering the prevalence of mobile phones and other gadgets in Hawaii, which has increased the incidence of distracted driving, even amongst truck drivers (though truckers are more likely to fall victim to the consequences of drowsy driving).

You are likely to be involved in at least one collision throughout your lifetime. Hopefully, this will be a minor collision, and you will escape unharmed. Nonetheless, it’s important to know what to do in the aftermath. Here are some things you should do at the scene of the accident and beyond:

  • Check for injuries on all drivers and passengers. Examine yourself and other passengers for symptoms of imminent damage. Examine the driver and passengers of other cars for injuries. Do not move a seriously wounded person since doing so might exacerbate their injury.
  • Dial 911. In Hawaii, accidents resulting in physical injury, death, or vehicle damage over $3,000 must be recorded. In fact, leaving an accident site without reporting it or sharing information with the other motorist (s) is prohibited. If law enforcement is responding to the site, you are required to wait for their arrival.
  • Document the scene. Take as many pictures as possible of the accident site. Include images of the damage to your vehicle, other vehicles, and the surroundings. Consider indicators such as skid marks, shattered glass, defaced signs, and damaged clothes. It is also recommended that you preserve a photographic record of your injuries from the day of the incident until your recuperation.

Determining Fault in Hawaii

Your actions at an accident scene safeguard both your safety and your entitlement to compensation. However, your actions in the days, weeks, and months after a vehicle accident may significantly affect the result of your claim.

In Hawaii, the process for bringing a personal injury claim differs based on the nature of the event. For instance, Hawaii is a no-fault state when it comes to auto accidents. This implies that regardless of who was at fault for the collision, you will seek reimbursement via your own auto insurance coverage for any injuries you or a passenger sustained.

In contrast, other injury claims (such as those resulting from a slip and fall or a faulty product) would be filed with the insurance company(s) of whoever caused your accident.

An insurance company settlement may address the majority of personal injury lawsuits. This is often the best choice for all parties concerned since it eliminates the need for a trial, which may be more time-consuming and dangerous.

Insurance companies make getting a fair and complete payout difficult, but you are often entitled to compensation surpassing the first offer.

Steps to File a Truck Accident Claim

From there, a number of steps are required to file a truck accident claim in Hawaii. Claims may be brought in either state or federal court. Every county contains state courts, and Hawaii’s federal court is in Honolulu County.

The truck accident claim filing process in Hawaii includes the following:

  • After filing the complaint with the court, the defendant (the person or entity being sued) is informed of the litigation and given a chance to respond.
  • The defendant may argue for dismissal of the lawsuit or provide a response to each claim contained in your complaint. They may accept, reject, or concede your injuries, but they should not be held responsible for your injuries.
  • During discovery, lawyers from both parties seek evidence to support their respective arguments. This may include sending questions to the other party, interviewing witnesses, and delivering a deposition (or interview), which enables you to state your perspective.
  • Defendants may propose to settle a case at any moment throughout the process, regardless of whether a trial is imminent. In certain instances, defendants (especially large companies or businesses) may delay offering a reasonable settlement offer until just before a trial starts.

Contact a Truck Accident Attorney in Honolulu

Leavitt, Yamane & Soldner‘s personal injury lawyers are ready to defend Hawaii residents who have experienced significant injuries due to a truck accident caused by another driver’s carelessness. Multiple factors contribute to the prevalence of accidents in Hawaii, including heavy traffic, intoxicated drivers, distracted drivers, and reckless driving by others.

In addition to the enormous costs connected with treatment, rehabilitation, and long-term care, the emotional anguish and intense physical agony that often come from these tragedies may last for a very long time.

Our attorneys understand how difficult the aftermath of such a crash can be. In addition, we have been entrusted with the representation of a large number of wounded customers over our years of business. After an accident, our Honolulu-area truck accident attorneys are committed to assisting our clients in pursuing justice and fair compensation. Don’t hesitate to get in touch with us at 808-537-2525 if you are interested in a free consultation with a member of our team.

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