Personal Injury Lawyers for Hawaii Island
If you’ve sustained injuries anywhere on the Hawaii Islands, including Kona, Hilo, and nearby regions, your situation likely involves a unique combination of geographic, tourism, and infrastructure challenges. The Big Island features a wide range of environments, from the densely populated areas in Hilo to the resort-centric regions in Kona, as well as the more isolated volcanic parts of Kaʻū. Each of these locations presents different risks that can contribute to personal injury incidents.
Unlike injury cases in smaller towns, claims that span across the islands often involve long distances, limited emergency services in rural areas, and a continual influx of travelers who may be unfamiliar with local roads. Whether your injury occurred on Queen Kaʻahumanu Highway, within a Hilo commercial area, or near a resort in Kona, Hawaii law enables you to seek compensation if negligence is a factor.
At Leavitt, Yamane & Soldner, our legal team boasts over thirty years of experience working with clients who have suffered serious injuries throughout Hawaii, including Waikapu. Following your accident, our personal injury attorney will start working on your case to help you obtain justice. Don’t wait to defend your legal rights. Schedule a complimentary consultation with our personal injury lawyer as soon as possible to initiate your case.
What Should You Do Right After an Accident in Kona, Hilo, or the Hawaii Islands?
It’s important to seek medical assistance, report the event, and document the scene promptly. The steps taken will depend significantly on the accident’s location. In Hilo, medical treatment can be obtained at Hilo Medical Center, while in Kona, most people go to Kona Community Hospital. In more remote areas, emergency response might be delayed, making early documentation even more vital.
Reporting the accident to the Hawaii Police Department creates an official record. Since many incidents involve tourists or happen in isolated areas, it’s advisable to gather witness information and capture photographs of the scene to preserve evidence before it’s lost.
Can You Get Compensation If You Were Partially at Fault?
Yes, as long as you are not more than 50 percent responsible, you can still recover compensation. Hawaii operates under a comparative negligence system as specified in Hawaii Revised Statutes §663-31:
This law reduces your compensation according to your percentage of fault. Island-wide accidents frequently involve shared responsibility due to factors like environmental conditions, unfamiliar drivers, or road hazards. As long as your fault doesn’t exceed 50 percent, you can still claim damages.
What Types of Accidents Are Common in the Hawaii Islands?
Accident trends across the Hawaii Islands differ by location, but road-related incidents are among the most frequent, particularly considering the combination of tourism, long-distance travel, and varied terrain.
Highway and Long-Distance Driving Accidents
Major routes such as Queen Kaʻahumanu Highway (HI-19), Saddle Road (Daniel K. Inouye Highway), and Highway 11 connect different regions of the island. These roads feature lengthy stretches with fluctuating speed limits, changes in elevation, and diverse weather conditions. Driver fatigue or misjudgment of distances can result in severe accidents. According to Hawaii’s negligence principles outlined in HRS §663-1, drivers who do not operate vehicles safely may be held accountable for injuries caused by their actions.
Tourist and Rental Vehicle Accidents
Resort areas like Kona attract many visitors who may not be familiar with local driving conditions. Common issues include sudden stops, distractions, and confusion at intersections. In tourist-heavy locations, all drivers, whether visitors or residents, are expected to obey traffic laws. Liability can be assigned under HRS §663-31 if negligence is involved in an accident.
Rural Road and Environmental Hazard Accidents
Outside of Kona and Hilo, roads may be narrow, poorly illuminated, or impacted by weather conditions such as rain or volcanic haze (vog). These elements heighten the risk of accidents when drivers neglect to modify their behavior. Hawaiian law mandates that drivers act reasonably given the current conditions; failure to do so can result in liability for injuries.
Premises Liability in Resorts and Commercial Properties
Many injuries in Kona and similar tourist areas occur in hotels, vacation rentals, and businesses. Hazards like slippery walkways, uneven surfaces, or a lack of proper maintenance can lead to significant injuries. Under HRS §663-1, property owners can be held liable if they do not maintain safe environments or adequately warn visitors of known risks.
Construction and Infrastructure-Related Injuries
Ongoing construction and development projects across the islands can lead to temporary hazards, resulting in injuries.
How Does Hawaii’s No-Fault Insurance Law Apply?
Hawaii requires drivers to carry Personal Injury Protection (PIP) insurance, which provides initial coverage for medical expenses.
Hawaii governs this system, Revised Statutes Chapter 431:10C:
PIP benefits apply regardless of fault, but if your injuries meet certain thresholds, you may pursue a claim against the at-fault party. Across the islands, serious collisions often exceed these thresholds due to high speeds or long-distance travel conditions.
How Long Do You Have to File a Personal Injury Claim?
You generally have two years to file a lawsuit.
This deadline is established by Hawaii Revised Statutes §657-7:
Because many accidents involve visitors who may leave the state, waiting too long can make it difficult to locate witnesses or gather evidence. Acting early helps preserve your claim.
What Compensation Can You Recover After an Injury?
You may recover compensation for both financial losses and personal harm.
Economic damages include medical expenses, lost income, and property damage. Non-economic damages address pain and suffering, emotional distress, and reduced quality of life. On the Hawaii Islands, injuries may also involve additional costs related to travel for treatment or extended recovery periods.
The Hawaii Department of Commerce and Consumer Affairs provides guidance on insurance rights and consumer protections.
How Does Liability Work Across Multiple Locations?
What if my accident happened while traveling between Kona and Hilo?
You may still have a valid claim even if the accident occurred on a remote highway. Drivers are required to operate safely regardless of location. Under HRS §663-31, liability may be divided among all responsible parties when multiple factors contribute to the accident.
When Property Conditions Contribute to an Injury
What if I was injured at a resort, rental property, or business in Kona or Hilo?
You may have a premises liability claim if unsafe conditions contributed to your injury. Property owners have a duty to maintain safe environments, and liability may arise under HRS §663-1 when negligence leads to hazardous conditions.
How Do You Prove Negligence in a Hawaii Injury Case?
To recover compensation, you must show that another party owed a duty of care, breached that duty, caused your injury, and that you suffered damages.
Across the islands, this often involves gathering police reports, medical records, and witness statements. In tourist areas, surveillance footage may also be available. Because many cases involve out-of-state visitors, acting quickly to secure evidence is especially important.
How Are Personal Injury Cases Typically Resolved?
Most personal injury cases are resolved through settlement, but some proceed to litigation when disputes arise.
Insurance companies may attempt to argue that environmental conditions or unfamiliarity with local roads caused the accident. Our firm focuses on identifying where negligence occurred and ensuring your case reflects the full extent of your injuries.
Frequently Asked Questions About Personal Injury Accidents in the Hawaii Islands
1. Are accidents involving tourists more difficult to handle?
Accidents involving tourists are often more complex because witnesses or drivers may leave the state, making it harder to gather evidence and pursue claims. However, you can still seek compensation if you are injured.
2. Can I file a claim if my accident happened on a rural highway?
Yes, you can file a claim even if your accident happened on a rural highway. The location of the accident does not prevent you from pursuing compensation for your injuries if negligence was involved.
3. What if I was injured while staying at a resort?
If you were injured while staying at a resort and unsafe conditions contributed to your injury, you may be able to file a claim for compensation against the responsible party.
4. Does distance from medical care affect my case?
Distance from medical care can affect your case if delays in treatment cause your injuries to worsen. This may result in higher compensation to account for additional harm caused by delayed care.
5. Can multiple parties be responsible for my accident?
Yes, multiple parties can be held responsible for your accident because Hawaii law allows fault to be divided among all individuals and entities who contributed to your injury.
Speak With Our Hawaii Islands Personal Injury Lawyers Today
If you were injured anywhere across the Hawaii Islands, your case requires a legal strategy that understands diverse environments, tourism-related risks, and Hawaii’s comparative negligence laws.
Our firm knows how to investigate these cases, identify responsible parties, and build strong claims that reflect the full impact of your injury.
We handle cases on a contingency fee basis. That means you pay nothing up front, and we only get paid if we win your case.
Contact our firm today for a free consultation. Let our firm fight for the compensation you deserve.