PEDESTRIAN ACCIDENTS ATTORNEYS IN MAUI, HAWAII

Walking is a great form of physical activity. Getting around the city on foot is good for the environment and an excellent way to enjoy the beautiful sights of Maui, Hawaii. However, pedestrians are at risk for severe injuries or even death when hit by motor vehicles while walking or crossing the street.

According to the latest available Ranking of STATE Pedestrian Fatality Rates by the National Highway Traffic Safety Administration (NHTSA), Hawaii has one of the highest pedestrian fatality rates per 100,000 population in the United States (2.54 deaths per 100,000 residents).

If you or your loved one was struck by a vehicle while walking down the street or crossing the road, speak with our skilled pedestrian accident attorneys in Maui, Hawaii, to help you fight for the compensation to which you are entitled. Our attorneys at Ranken & Shnider, Attorneys at Law, have a track record of success representing pedestrian accident victims and families.

Liability for a Pedestrian Accident

To determine liability for a pedestrian accident in Hawaii, it is vital to understand the state’s right of way law and the responsibilities of pedestrians and motorists. According to the Hawaii Department of Transportation, drivers of motor vehicles must yield the right of way to pedestrians crossing the roadway within the crosswalk zone when the pedestrian is:

• Approaching the roadway from the opposite half so closely as to be in danger; or

• Already crossing on the half of the road where the driver is traveling.

The Responsibilities of Pedestrians
and Drivers in Hawaii

Under Hawaii law, pedestrians should not enter a marked or unmarked crosswalk when motor vehicles are so close as to constitute a hazard. Pedestrians also cannot enter a marked or unmarked crosswalk when traffic lights or signs prohibit such entry. A pedestrian must yield the right of way to all motor vehicles upon the roadway when crossing the road outside the marked crosswalk or at an unmarked crosswalk at an intersection.

As for drivers of motor vehicles, responsibilities include:

1. Yield the right of way to pedestrians within the crosswalk zone;

2. Be prepared to stop at every crosswalk even if the pedestrian is on the opposite half of the road; and

3. Do not proceed driving until all people in the crosswalk are a safe distance from the vehicle.

Motor vehicle drivers must exercise extra causation when the driver’s view is obstructed and when driving in hard-to-see conditions, including bad weather and/or at night.

Fault Determination in
Pedestrian Accidents in Hawaii

Drivers are at fault in the vast majority of pedestrian accidents in Hawaii. However, when seeking compensation for injuries, pedestrians have the burden to prove that the driver was negligent. Common examples of a driver’s negligence in pedestrian accident cases include:

• Failing to yield the right of way

• Failing to stop at the crosswalk

• Exceeding the speed limit

• Driving while distracted

• Driving under the influence of alcohol or drugs

• Driving while fatigued

Damages Available

In any pedestrian accident case in Hawaii, it is difficult to estimate the exact value of the victim’s claim. The value of your case depends on a wide range of factors, which is why you must contact our attorneys to evaluate the facts and circumstances of your pedestrian accident and determine what compensation is available. With the legal help and guidance of our experienced attorneys, individuals injured in pedestrian accidents can obtain compensation for:

• Medical bills (past and present)

• Future medical bills

• Lost wages and employment benefits

• Diminished or lost earning capacity

• Emotional distress

• Post-traumatic stress disorder

• Pain and suffering

Our knowledgeable attorneys will look at many different factors to determine how much a client’s pedestrian accident case is worth to ensure a fair and reasonable settlement amount.

Statute of Limitations

In Hawaii, people injured in pedestrian accidents have two years to file a personal injury claim against the at-fault driver. The time begins to run on the date of the incident. The same statute of limitations (time limit) applies to cases where a pedestrian suffers fatal injuries. Surviving family members have two years to bring a wrongful death lawsuit against the driver who caused the deadly accident. The clock starts ticking on the date of the pedestrian’s death.

What Steps Should You Take
After a Pedestrian Accident?

It is crucial to know what steps to take after a pedestrian accident to protect your right to compensation:

1. Report the accident. Notify the police about your accident.

2. Seek medical attention. Even if your injuries are not immediately apparent, it is best to seek medical help immediately after the accident.

3. Document the scene. Take photos at the scene of the accident and record any important details about the accident.

4. Keep records. Keep records of your medical bills, lost wages, and other expenses and losses.

5. Seek legal help. Our skilled attorneys will help you fight for the compensation you need while you focus on recovery.