All Laws Decoded

Bicycle Accident Claims in Hawaii

Bicycle rules in Hawaii (passing distance, helmets, riding rules), how fault is shared after a bike crash, and the deadline to sue.

Short answer: A person riding a bicycle on a roadway has the rights and duties of a vehicle driver, except for special bicycle rules and provisions that by their nature cannot apply. Haw. Rev. Stat. §§ 291C-142, 291C-43(2), 291C-150, 291C-148(b)

Bicycle lawsA person riding a bicycle on a roadway has the rights and duties of a vehicle driver, except for special bicycle rules and provisions that by their nature cannot apply. Drivers passing a bicyclist must allow at least three feet between the right side of the vehicle (including mirrors) and the bicyclist. Riders under 16 must wear a properly fitted and fastened helmet (fine up to $25). Bicycles may be ridden on sidewalks at 10 mph or less, yielding to pedestrians, but not on sidewalks in business districts.
Fault rule (comparative negligence)Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant.
Minimum car insuranceHawaii is a no-fault state. Policies must include liability coverage of at least $40,000 per person and $80,000 per accident for injury, and $20,000 for property damage (40/80/20), plus personal injury protection (PIP) benefits with a $10,000 per-person aggregate limit. Tort lawsuits for motor vehicle accidents are limited: an injured person may sue the at-fault driver only for death, significant permanent loss of use of a body part or function, permanent and serious disfigurement causing mental or emotional suffering, or when PIP-type benefits incurred reach $5,000 or more.
The liability limits reflect a 2024 amendment (L 2024, c 138); check the effective date for a given policy.
Deadline to sue for an injuryA lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.

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FAQ

What are the bicycle laws in Hawaii?
A person riding a bicycle on a roadway has the rights and duties of a vehicle driver, except for special bicycle rules and provisions that by their nature cannot apply. Drivers passing a bicyclist must allow at least three feet between the right side of the vehicle (including mirrors) and the bicyclist. Riders under 16 must wear a properly fitted and fastened helmet (fine up to $25). Bicycles may be ridden on sidewalks at 10 mph or less, yielding to pedestrians, but not on sidewalks in business districts.
Can you recover damages if you were partly at fault in Hawaii?
Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant.
What is the minimum car insurance required in Hawaii?
Hawaii is a no-fault state. Policies must include liability coverage of at least $40,000 per person and $80,000 per accident for injury, and $20,000 for property damage (40/80/20), plus personal injury protection (PIP) benefits with a $10,000 per-person aggregate limit. Tort lawsuits for motor vehicle accidents are limited: an injured person may sue the at-fault driver only for death, significant permanent loss of use of a body part or function, permanent and serious disfigurement causing mental or emotional suffering, or when PIP-type benefits incurred reach $5,000 or more.
What is the statute of limitations for personal injury in Hawaii?
A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.