Injuries Caused By Drunk Drivers

Drunk driving crashes are preventable tragedies that often leave victims with life-altering injuries. When someone chooses to drive under the influence of alcohol or drugs, the consequences can be catastrophic for innocent drivers, passengers, pedestrians, and families.

If you or a loved one was injured in a drunk driving accident in Honolulu or elsewhere on Oʻahu, Hawaii law may allow you to pursue compensation for medical expenses, lost income, and long-term recovery needs. A personal injury attorney can help protect your rights while you focus on healing.

What Is Considered Drunk Driving Under Hawaii Law?

Drunk driving in Hawaii generally refers to operating a vehicle while impaired by alcohol or drugs. Under Hawaii law, a driver may be considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher.

However, a driver may still be considered impaired even below that level if alcohol or drugs affect their ability to drive safely.

Drunk driving crashes often involve:

• Slowed reaction time
• Poor judgment
• Loss of vehicle control
• Excessive speeding
• Failure to obey traffic signals

How Common Are Alcohol-Related Crashes In Hawaii?

Alcohol-impaired driving remains a serious safety issue statewide. According to national traffic safety data from the National Highway Traffic Safety Administration (NHTSA), thousands of fatalities nationwide each year involve alcohol-impaired drivers. Hawaii traffic safety reporting consistently identifies impaired driving as a contributing factor in a significant portion of serious crashes.

These statistics highlight why drunk driving accidents often result in severe injury or death.

What Types Of Injuries Are Common In Drunk Driving Accidents?

Drunk driving crashes frequently involve high speeds or erratic behavior, which can increase injury severity.

Common injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Internal bleeding
• Severe burns
• Facial injuries
• Permanent disability

Victims may require emergency surgery, extended hospitalization, and long-term rehabilitation.

What Should You Do After Being Injured By A Drunk Driver In Honolulu?

After a drunk driving crash, your first priority should be medical care and safety. Legal considerations can follow once your health is stabilized.

Important steps include:

• Calling 911 and requesting emergency assistance
• Obtaining a police report from the Honolulu Police Department
• Seeking medical evaluation immediately
• Preserving medical documentation
• Avoiding discussions with the insurance adjusters before understanding your rights

Criminal charges against the drunk driver do not replace your right to pursue a civil injury claim.

Can You File A Civil Claim Even If The Drunk Driver Faces Criminal Charges?

In a criminal DUI case, the legal proceedings focus on violations of criminal law. At the same time, a civil personal injury claim addresses the damages suffered by individuals due to someone else’s actions. Although both types of cases are related, they are distinct and handled separately within the legal system.

Prosecutors handle criminal cases and focus on penalties such as fines or jail time. Civil claims focus on compensating prosecutors who handle criminal cases:

• Medical bills
• Lost wages
• Pain and suffering
• Long-term care needs

You do not need to wait for a criminal case to conclude before pursuing a civil claim.

What Compensation Is Available After A Drunk Driving Injury In Hawaii?

Compensation in a drunk driving injury case may include both economic and non-economic damages.

Economic damages may include:

• Emergency medical treatment
• Surgical procedures
• Rehabilitation
• Lost income
• Reduced earning capacity

Non-economic damages may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent impairment

In certain cases involving egregious conduct, additional damages may also be considered.

Can Bars Or Restaurants Be Held Responsible For Drunk Driving Accidents?

In some circumstances, liability may extend beyond the impaired driver. If an establishment served alcohol irresponsibly or unlawfully, a claim may potentially involve third-party liability.

These cases require careful investigation of:

• Alcohol service practices
• Surveillance footage
• Witness testimony
• Bar or restaurant policies

Determining third-party responsibility can be complex and fact-specific.

Where Do Serious Drunk Driving Crashes Occur On Oʻahu?

Drunk driving crashes in Honolulu frequently occur on:

• The H-1 Freeway
• Kamehameha Highway
• Farrington Highway
• Downtown Honolulu corridors
• Waikīkī nightlife areas

Late-night hours and weekends often carry an elevated risk.

How Long Do You Have To File A Drunk Driving Injury Lawsuit In Hawaii?

Under Hawaii Revised Statutes §657-7, most personal injury claims must be filed within two years of the date of the accident. 

Because deadlines are strictly enforced, early legal guidance is important.

How Can A Honolulu Drunk Driving Injury Lawyer Help?

A personal injury attorney in Honolulu plays a vital role in ensuring that victims of accidents receive the justice and compensation they deserve. Here are the key services they provide:

• Investigate the Accident: The attorney will thoroughly examine the circumstances surrounding the accident, gathering all pertinent details to establish liability. This may include collecting witness statements, photos of the scene, and reviewing any available video footage.

• Obtain Police Reports and Toxicology Results: They will obtain relevant police reports that document the crash and any violations involved. Additionally, if the accident involved alcohol, they will secure toxicology results to assess the driver’s state at the time of the incident.
• Consult with Accident Reconstruction Experts: To build a solid case, the attorney may work with accident reconstruction specialists who can analyze the evidence and provide expert testimony regarding how the accident occurred and who was at fault.
• Calculate Long-Term Damages: The attorney will meticulously assess the long-term damages incurred by the victim, including medical expenses, lost wages, rehabilitation costs, and emotional trauma. This ensures that the compensation sought accurately reflects the total impact on the victim’s life.
• Negotiate with Insurance Companies: Dealing with insurance companies can be challenging. A skilled attorney will negotiate on behalf of the victim to ensure that they receive a fair settlement, advocating for their rights and fighting against any low offers.
• File a Lawsuit if Necessary: If negotiations with insurance companies do not lead to a satisfactory resolution, the attorney is prepared to file a lawsuit to pursue the victim’s rights through the court system.

In cases of drunk driving, strong evidence is often available; however, careful documentation is essential in building a compelling case. This thorough approach helps to ensure that victims are fully compensated for their losses and that justice is served.

Frequently Asked Questions

1. Do I have to wait for the DUI case to finish before filing a claim?

No, you do not need to wait for the criminal DUI case to conclude before initiating a civil claim. Both can proceed independently of each other.

2. What if the drunk driver was uninsured?  

If the drunk driver is uninsured, your uninsured motorist coverage may apply, depending on the specific terms of your insurance policy. It’s important to review your policy for details.

3. Can family members file a wrongful death claim if the crash was fatal?

Yes, surviving family members can file a wrongful death claim if a loved one has died as a result of a drunk driving crash. This is allowed under Hawaii law.

4. Will the drunk driver automatically be found liable? 

No, the drunk driver will not automatically be considered liable. In a civil case, liability must be established, although evidence of DUI can play a crucial role in proving it.

5. Can passengers in the drunk driver’s vehicle file a claim? 

Yes, passengers in the drunk driver’s vehicle can often file a claim. They may pursue claims against the impaired driver as well as other potentially responsible parties involved in the crash.

Contact Drunk Driving Injury Attorneys in Honolulu

If you were injured by a drunk driver in Honolulu or elsewhere on Oʻahu, you do not have to navigate the legal process alone.

Leavitt, Yamane & Soldner represent injured individuals across Hawaii and provide respectful, professional guidance.

Call 808-537-2525 for a free representation.