If you've been injured in a car accident in the State of Hawaii, you may have questions about how the laws will affect your property damage and/or personal injury claim. In this article, we'll review the laws most commonly associated with car accidents. To read the entirety of each law, click the link to the specific State of Hawaii statutes in each section.
Here are the Hawaii car accident and traffic laws we'll cover:
Pedestrians and Crosswalks
The driver of a vehicle must stop and yield the right of way to a pedestrian crossing the roadway within a crosswalk when the pedestrian has reached the halfway point of the crosswalk, or when the pedestrian is approaching so closely from the opposite half of the crosswalk as to be in danger.
Unless otherwise directed by a traffic control device, drivers must yield the right of way to pedestrians. Pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
Unless otherwise directed by a pedestrian-control signal, pedestrians facing a steady yellow signal are advised that there is insufficient time to cross the roadway and no pedestrian shall then start to cross the roadway.
A pedestrian is lawfully within an intersection or adjacent crosswalk when any part of the pedestrian, including any part of the pedestrian's body, wheelchair, cane crutch, or bicycle, is beyond the curb or the edges of the traversable roadway or moves onto the roadway within an intersection or crosswalk.
Restrictions on Pedestrians Crossing Roadways
No pedestrian must enter any marked or unmarked crosswalk when traffic is so close that it might constitute an immediate hazard, nor must any pedestrian enter any marked or unmarked crosswalk where traffic signs forbid such entry.
No pedestrian must cross any roadway within any business district except within a marked or unmarked crosswalk, nor any roadway in any residence district within 200 feet of any intersection except in a marked or unmarked crosswalk at such intersection.
Hawaii Department of Transportation
Pedestrian Control Signals
Whenever special pedestrian control signals, exhibiting the words Walk or Don't Walk or the symbols of a walking person or an upraised palm are in place such signals shall indicate as follows:
Crossing at Other Than Crosswalks
Pedestrians intending to cross a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway.
Pedestrians must use only the marked crosswalk to cross between two adjacent intersections that have traffic-control signals in operation.
Pedestrians can cross an intersection diagonally only when it is authorized by traffic-control devices.
Pedestrians on Roadway
Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon adjacent roadway, bicycle lane, or bicycle path.
Where sidewalks are not provided, pedestrians are permitted to walk only on or along the left side of the roadway or on it's shoulder facing traffic from the opposite direction.
Pedestrians' Right of Way on Sidewalks
The driver of a vehicle emerging from or entering an alley, building, private road, or driveway shall yield the right of way to any pedestrian approaching on any sidewalk extending across the alley, building entrance, road, or driveway.
Drivers to Exercise Due Care
The driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the driver's horn when necessary and shall exercise proper precaution upon observing any child.
Obedience to Traffic Control Devices
A driver must obey any traffic control devices applicable to the driver, unless directed by a traffic or police officer.
Driving on Right Side of Roadway
Drivers must drive in the right lane of roadways with the following exceptions:
Passing On the Left
Driver proceeding in the same direction must pass to the left at at a safe distance and shall remain in the passing lane until it is safe to return to the right lane. Drivers being passed must not increase the speed of their vehicle until their vehicle is completely passed by the overtaking car.
Limitations on Overtaking on the Left
Drivers may drive to the left side of the center of the roadway in overtaking and passing another vehicle only if the left side is clearly visible and the overtaking vehicle can return to its lane without coming within two hundred feet of oncoming traffic.
Passing On the Right
Drivers may pass on the right under the following conditions:
Following Too Closely
A driver must not follow another driver more closely than is "reasonable and prudent", having due regard for the speed of other drivers and traffic conditions along the roadway. A driver who is towing another vehicle must leave sufficient space ahead of their vehicle to allow an overtaking vehicle to enter and occupy this space without danger.
Drivers and Mobile Electronic Devices
Drivers must not drive while using a mobile electronic device, except for the sole purpose of calling 911.
Drivers and Intersections
When two (2) drivers approach an intersection at approximately the same time the driver on the left must yield to the driver in the right.
Drivers Intending to Turn Left at Intersections
A driver who intends to turn left at an intersection, or into an alley, private road or driveway must yield the right of way to drivers approaching from the opposite direction.
Drivers Entering or Crossing a Roadway
A driver about to enter or cross a roadway from any place other than another roadway must yield the right of way to all other drivers and cyclists on the roadway to be crossed.
Pedalcyclists must obey the same traffic laws as drivers of cars, and are subject to the same penalties as are drivers for violating traffic laws. Unlike drivers, pedalcyclists are permitted to ride on the shoulder of the road.
Motorcyclists must obey the same traffic laws as drivers of cars, and are subject to the same penalties as are drivers for violating traffic laws.
Motorcyclists and Lanes of Traffic
Motorcyclists are entitled to the full use of a traffic lane and drivers must not take any action to deprive a motorcyclist of his or her right to use a full lane on a roadway. A motorcyclist must not pass another driver in the same lane. Motorcyclists must not ride more than two (2) abreast in a single lane.
Motorcyclists must not pass another driver in the same lane. Commonly known as "lane splitting," motorcyclists sometimes attempt to pass other drivers when traffic is slowed, or bumper to bumper. To move forward through traffic motorcyclists sometimes drive between cars. Doing so is not only illegal, but quite dangerous.
All motorcyclists must wear helmets while riding on roadways. If the motorcycle is not equipped with a windshield, then motorcyclists must also wear protective eyewear while riding on roadways.
Motorcycles and Headlights
From thirty minutes after sunset until thirty minutes before sunrise, every motorcycle riding on a roadway must have two lighted headlights turned on.
A driver who drives in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, and can be fined and imprisoned.
Alcohol and Minors
A driver under the age of twenty one ྵ) must not drive upon any roadway after drinking any measurable amount of alcohol.
Driver's Duty to Give Information and Render Aid
A driver involved in an accident resulting in injury or death to any person, including other drivers, passengers, and/or passersby must give their name, address and the registration number of the car they are driving and must upon request, exhibit their driver's license and information relating to financial responsibility (insurance) to any person injured in the accident, or to the driver, passengers, and/or police officers investigating the accident.
Moreover the driver must render to any person injured in the accident reasonable assistance, including making of arrangements to transfer the injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent medical treatment is required.
Accidents Involving Death, Personal Injury, or Substantial Bodily Injury
A driver involved in an accident resulting in injury or death of any person must immediately stop and remain at the scene of the accident until the driver has fulfilled the requirements of Section 291C-14.
Section 291C-14 reads in part that the driver must give their name, address and the registration number of the car they are driving, and must upon request exhibit their driver's license and insurance information to any person injured in the accident or to the driver of the car involved in the accident.
Accidents Involving Only Damage to Another Car or Property
A driver involved in an accident resulting only in damage to property or another car which is driven or attended by any person must immediately stop at the scene of the accident or as close to it as possible and must remain at the scene of the accident until the driver has fulfilled the requirements of Section 291C-14.
Accidents Involving Damage to Unattended Car or Unattended Property
A driver who collides with a parked car or who collides with other property which is unattended must immediately stop at the scene of the accident or as close to it as possible and must attempt to locate and notify the driver or owner of the damaged car or damaged property.
Once located the driver who caused the accident must give their name, address, information relating to financial responsibility (insurance) and the registration number of the car being driven.
If the driver or owner of the damaged car or property cannot be located, the driver who caused the accident must attach a written note to the damaged property in a conspicuous place giving their name, address, information relating to financial responsibility (insurance) and the registration number of their car.
Driver's Duty to Notify Police Departmen
A driver involved in an accident resulting in injury, death, or total damage to all property resulting in $3,000 or more must immediately by the quickest means of communication give notice to the nearest police office.
If the driver is physically unable to give immediate notice and there is another occupant in the car, the other occupant must immediately by the quickest means of communication give notice to the nearest police office.
Accident Reports Filed By Police Departments
The district courts can provide a certified traffic abstract of motor vehicle accident reports to any person who requests one.
The contact information of the district courts is available at www.courts.state.hi.us.
Open Alcohol Container Law
A driver or passenger must not be in possession of an opened container of an alcoholic beverage or consume a controlled substance while the car is traveling on Hawaii roadways or at a scenic lookout. An opened alcoholic beverage container can be kept only in the trunk of a vehicle. It cannot be kept in the utility or glove compartment.
Passengers of a hired vehicle can consume and possess an opened container if there is a barrier that prevents passengers from passing containers to the driver.
Driving Under Influence of Alcohol or Controlled Substance
A driver must not drive after drinking an alcoholic beverage or consuming an intoxicant in an amount which renders the driver incapable of driving safely along roadways. In Hawaii, a driver is guilty of the offense of Operating a Vehicle Under the Influence of an Intoxicant if the driver has a blood alcohol concentration (BAC) is .08 or higher.
Ignition Interlock Device
A driver who is guilty of driving while under the influence of an intoxicant and who has within the past five (5) years had a prior offense as set out in Section 291E-4(a) (below) must have installed at his or her own expenses an ignition interlock device.The ignition interlock device will serve to restore the driver's driving privileges during the pendency of the driver's probation. If an ignition device is installed, it must be installed in every car owned or operated by the driver.
An ignition interlock is a device which measures any amount of alcohol contained in a driver's body. Before starting the car the driver must blow into a tube emanating from the ignition interlock device. If the device then detects a blood alcohol concentration (BAC) higher than is permitted by law the car will not start and the violation will be reported to the prosecutor, the probation officer, and/or the judge. At that point the driver may be subject to loss of driving privileges, immediate arrest and incarceration up to the maximum term provided by law.
Hawaii Dram Shop Law
Hawaii has a modified Dram Shop Law. Dram Shop Law refers to the liability of private social hosts, bars, hotels nightclubs and other commercial establishments who serve alcohol to patrons or to minors for injuries intoxicated patrons or minors cause to third parties such as in car accidents.
A private social host is the host at a private party, such as a wedding reception, a corporate sponsored event, a gathering of friends at a private residence, where alcohol is served not for profit.
Under Hawaii law, it is a violation of the Liquor Control Act for a social host or a commercial establishment to serve alcohol to a minor, a person under the influence of liquor, or a person known to the establishment or its employees to be addicted to liquor, or a person who announced plans to drive with the liquor in hand.
However, the law stops there. Even if a social host or a commercial establishment is found to have violated the liquor control law, they are not liable for the actions of the intoxicated person. For violating the liquor control laws, such as knowingly providing alcohol to a minor or selling alcohol to a visibly intoxicated person, a social host or a commercial establishment can be fined, and the establishment may lose its liquor license.
For an injured third party to succeed in a claim for personal injuries or property damage against a commercial establishment or social host, the injured third party must file a lawsuit alleging negligence by the establishment or the social host. While presenting a case in court, the injured third-party may cite the violation of liquor control laws by the establishment or the social host.
Financial Responsibility Car Insurance Minimum Limits
In the State of Hawaii, each motor vehicle must be covered by an insurance policy that includes liability coverage of the following amounts for all damages resulting from an accident:
Hawaii Insurance Information
For more information, see the Department of Commerce and Consumer Affairs.
Comparative Negligence (51% Rule)
In Hawaii, the victim in a car accident can sue the negligent driver for compensation. The victim's liability in causing the accident, their comparative negligence, affects the amount of compensation the victim receives.
If the victim contributed less than 51% of the negligence that caused the accident, then their compensation is reduced by the amount they contributed to the accident. If the victim contributed 51% or more of the negligence that caused the accident, then the victim is barred from receiving any compensation.
Example of Comparative Negligence (51% Rule)
One morning, Jackson was driving north on his way to work. At an intersection, he pulled into the left turn lane. At the same time, Melanie approached the intersection from the opposite direction. Suddenly, Jackson turned left into Melanie's lane and their cars collided.
Melanie sustained serious brain injuries and damage to her car, totalling in $100,000 dollars worth of damages.
After their investigation, the police determined that Jackson had failed to yield according to traffic laws. A pedestrian witness told police he saw Melanie texting at the time Jackson's car crashed into Melanie's. As a result, the police issued Melanie a citation for using a mobile device while driving.
Melanie sued Jackson for $100,000 and claimed he was 100% at fault for the accident because he did not yield to her right-of-way. At trial, the jury found Jackson liable for failing to yield the right-of-way. However, the jury also found Melissa liable for using a mobile device while driving and partially responsible for the accident.
The verdict stated Jackson's negligence equaled 70% of the accident, and Melanie's equaled 30%. The jury awarded Melanie only $70,000 dollars.
In the event the jury had found Jackson's negligence equaled 49% of the accident, and Melanie's equaled 51%, the jury would be barred by law from awarding Melanie any compensation for the damages.Comparative Negligence: Section 663-31
Hawaii's No Fault Car Insurance
In Hawaii, the law gives car owners the option of purchasing no-fault car insurance. No-fault insurance allows a person, who is injured in a car accident or whose property is damaged, to file a claim with their own car insurance company.
No-fault insurance allows a person to avoid pursuing a negligent driver for compensation for damages. No-fault insurance does not compensate for pain and suffering, and the amount of personal injury protection (PIP) insurance purchased by the injured party determines their coverage.
A driver, their representative, or their legal guardian can sue the negligent driver if the accident resulted in death, a permanent loss of use of a body part or function, permanent and serious disfigurement, or injuries that resulted in PIP benefits of $5,000 or more.
Statute of Limitations
Hawaii has a two (2) year statute of limitations for property damage and personal injury claims. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must either settle their claim within two (2) years, or file a lawsuit.
If the victim fails to settle their claim or file a lawsuit within the two (2) year period the victim is barred from pursuing the negligent driver in court.
Small Claims Courts
In Hawaii, victims of car accidents can choose to sue the negligent driver in small claims court. The jurisdiction of a small claims court regarding personal injury and property damage is limited to a maximum of $5,000, exclusive of filing fees and court costs.
To submit a claim in small claims court, visit the Hawaii State Judiciary website.
Hawaii Government Tort Claims - Sovereign Immunity
In Hawaii, it is possible to submit a claim against a governmental agency or its employees for personal injury or property damage as a result of negligence on the part of the governmental agency or its employees.
The claim must refer to an lawful action on the part of the governmental agency or employee performed in the scope of their duties. If the injury or property damage occurred as a result of an unlawful action, then the claimant can sue only the person(s) who caused injury or property damage individually. The governmental agency would not be liable.
If Melissa, an engineer with the Honolulu Planning Department, ran a red light on her way to a worksite and caused an accident, then the City of Honolulu would be liable for the property damage and personal injuries caused her.
If Melissa stopped for a few drinks and became intoxicated before heading to a worksite and causing an accident, then the City of Honolulu can claim sovereign immunity. Melissa performed an unlawful act and was not acting in the scope of her duties when she became intoxicated on her way to the worksite.
To seek compensation for damages, injured parties would have to sue Melissa personally. The determination of whether or not Melissa was acting within the scope of her duties would have to be decided during a trial.
Hawaii does not place a cap on the maximum amount of damages that can be claimed against a government agency or its employees.
A government tort claim must be filed against the governmental agency responsible for the car accident within two (2) years after the accident.Section 662-4
Complete this short form and get answers to questions about your claim. Your case will be reviewed for free, with no obligation.