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Hawaii Negligence Laws: Comparative Negligence - 51% Rule

If you have been seriously injured in a Hawaii car accident, you may be eligible to file a Hawaii personal injury claim. Before you do so, you’ll need to understand how liability in Hawaii is determined.

A Honolulu personal injury lawyer can help determine liability for your injuries and make sure that you file the appropriate type of claim. Additionally, a Honolulu personal injury lawyer can help you gather the evidence needed to substantiate your injury claim and defend your best interests throughout the claims process.

Liability in a Hawaii Car Accident

In order to determine liability in a Hawaii car accident, you’ll need to show that the party you are suing was negligent and that their negligence resulted in your injuries.

Negligence can be shown through a number of circumstances which may include:

  • driver distraction;
  • reckless or aggressive driving;
  • driving under the influence; and
  • failure to obey a traffic sign or signal.

Those are just some examples of circumstances that may prove that another driver was negligent and that their negligence led to your injuries.

Comparative Negligence in Hawaii

When determining compensation in a personal injury claim in Hawaii, the claims process will follow the comparative negligence system. According to comparative negligence laws in Hawaii, even if an injured party was partly responsible for the car accident, they may still recover damages.

Hawaii follows the comparative negligence – 51% rule. This means that if an injured party was less than 51% at fault, they can still recover damages. If an injured party is found to be 51% or higher at fault, then they will not be able to recover any damages.

In addition, if the percentage of fault is below 51%, that amount will be deducted from the total damages that can be received. This reduction in damages holds the injured party accountable for their role in the accident, as well.

For example, if you were injured in a Hawaii car accident and you were found to be 20% at fault, your final settlement would be reduced by 20%. So if you were expected to receive a settlement of $100,000 it would be reduced by 20%, leaving you with a final settlement of $80,000.

The comparative negligence system is used for a variety of Hawaii personal injury claims, not just those involving car accidents.

How a Honolulu Personal Injury Lawyer Can Help

If you have been seriously injured in a Hawaii accident that was the result of someone else’s negligence, you may be eligible to file a Hawaii personal injury claim. A Honolulu personal injury lawyer can evaluate your case and determine your next steps.

After a serious accident in Hawaii, you should be able to spend your time focusing on your recovery; not dealing with insurance adjustors, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. Serving accident victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a no-cost case evaluation(808) 740-0633.


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