Motorcycle Accident Claims in Hawaii

Hawaii requires a helmet, securely fastened with a chin strap, only for motorcycle and motor scooter operators and passengers under 18. Operators and passengers of all ages must wear eye protection (safety glasses, goggles or a face shield) if the vehicle has no windscreen or windshield, and anyone riding a rented moped or motor scooter must wear a helmet unless they hold a valid motorcycle license. Certain enclosed three-wheel electric vehicles with seat belts are exempt from the helmet rule. The statute does not say whether going without a helmet affects damages.

Lane splitting is illegal in Hawaii: the statute says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Motorcycles are entitled to full use of a lane and may not ride more than two abreast in a single lane; police officers performing official duties are exempt from the passing and between-lanes rules. A former section allowing motorcycles on designated shoulders (§ 291C-54) has been repealed.

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.

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.

A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.