Pedestrian Accident Claims in Hawaii

A driver must stop for a pedestrian crossing within a crosswalk who is on the driver's half of the roadway or approaching from the other half so closely as to be in danger, and may not proceed until the pedestrian has passed; drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. Violations carry fines of $150 for a first offense, rising to $300 plus a 90-day license revocation for a repeat within one year. A pedestrian may not suddenly step into the path of a vehicle too close to yield, must yield to all vehicles when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross diagonally unless signals allow; violating the crossing rules carries a $100 fine.

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.