Accidents between pedestrians and motor vehicles can result in severe injuries and complex legal questions. Understanding Hawaii’s laws on this issue can help both drivers and pedestrians navigate their responsibilities and rights.
Pedestrian rights and responsibilities
Hawaii law provides clear protections for pedestrians. Pedestrians have the right-of-way in crosswalks, whether marked or unmarked. Drivers must stop when a pedestrian is crossing in a designated crosswalk. However, pedestrians also have responsibilities. They must avoid suddenly stepping into the path of a vehicle and use crosswalks when they are available.
Jaywalking can affect legal claims in an accident. If a pedestrian fails to use a crosswalk or obey traffic signals, it may reduce their ability to recover damages. Courts consider the actions of both parties when determining fault.
Driver obligations to pedestrians
Drivers must exercise due care to avoid hitting pedestrians. Hawaii’s laws require drivers to yield to pedestrians at intersections and crosswalks. Even if a pedestrian crosses illegally, drivers must remain vigilant and take reasonable steps to prevent a collision.
Hawaii also prohibits distracted driving and enforces strict penalties for drivers who cause pedestrian accidents while texting or engaging in other distractions. This ensures that drivers remain attentive and prioritize pedestrian safety.
Shared fault in pedestrian accidents
Hawaii follows a comparative negligence system. Courts assign a percentage of fault to each party involved in an accident. If a pedestrian shares responsibility for an accident, their compensation may decrease based on their level of fault. For example, a pedestrian found 20% at fault will receive 80% of their total damages.
Navigating the aftermath of a pedestrian car accident requires understanding your rights and responsibilities under Hawaii law. Taking proactive steps to comply with legal standards and seeking professional guidance can help ensure a fair resolution.