There are many factors that are considered in the determination of liability in your car accident case. These factors include:
· The other driver’s negligence;
· Road conditions;
· Weather conditions; and
· Auto manufacturing defects.
With this in mind, the degree of fault in a Hawaii car accident is largely dependent on the circumstances of the accident and how state laws apply to those specific circumstances.
Comparative Negligence in Hawaii
Hawaii uses a modified comparative negligence model in order to determine the level of fault for each party involved in the car accident. Under Hawaii’s negligence laws, you and your car accident attorney must be able to prove that the other party was 51% or more responsible for your car accident. If it is found that the other party was less than 51% at fault, they are not liable for any of your damages.
Additionally, the court will look at your degree of fault and reduce any settlement amount accordingly. For example, if you were involved in a car accident and the other party is found to be 80% at fault and you are found to be 20% at fault, your final settlement amount would be reduced by 20%. In this example, if you were awarded $100,000 in a car accident settlement you would actually only receive $80,000.
Contacting a Hawaii Car Accident Attorney
After a serious car 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 free case evaluation -1-866-806-4349.