Your attorney will be your guide, helping you along the way. You’re bound to have questions as you go through the process. Your attorney will be familiar with this paperwork, and can handle much of it for you. Any lawsuit is going to have a lot of paperwork that needs to be done properly. However, an attorney can help you navigate the process much more easily than you could on your own. Both can collect 50% of their damages.īringing a personal injury lawsuit is never easy. The court decides that they are both equally at fault. Person C and Person D are in an accident.In this situation, Person A could not collect any damages, and Person B could collect 85% of damages. The court may decide that Person A is 85% responsible for the accident, and Person B is 15% responsible because of the broken tail light. Person B’s tail light was broken prior to the accident. Person A rear-ends Person B at a stop light.You may collect damages if you are less than 51% responsible for the accident, but the amount you can collect is reduced by your amount of fault. This means that all parties involved in an accident can be assigned a portion of the fault if they acted in a way that caused or worsened the accident. Hawaii is a modified comparative negligence state. When approaching an emergency vehicle on the side of the road, you should leave an empty lane between you and the vehicle, if it is possible and safe to do so. If an emergency vehicle is behind you or approaching you, you must stop and move out of the path of the emergency vehicle, if it is safe to do so.Use headlights if you are driving in rain, in fog, at night, or at dusk or dawn.Children under eight years of age who are less than four feet tall and less than forty pounds must use a booster seat. Children under four should be in a child restraint seat.Drivers under 18 are prohibited from using cell phones at all while driving. Drivers who are 18 and over can use a hands-free option. It is illegal to drive while texting or using your phone’s handset. It’s important to be aware of some specific laws impacting driving in Hawaii. Speak with your attorney for specifics about your case. If your accident occurred more than two years ago, you probably don’t have a case. For car accidents in Hawaii, the statute of limitations is two years. The statute of limitations is the amount of time you have to bring a lawsuit after an accident. Make sure to hire a local attorney to assist you. Regardless of where you live, accidents in Hawaii are governed by Hawaiian laws. With nearly five tourists for every resident of Hawaii, there’s a good chance that either you, the person you’re involved in an accident with or both are from out of state. University of California College of the Law, San Francisco University of Hawai'i at Manoa William S. University of California Berkeley School of Law
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