The rules for pedestrian right-of-way in Hawaii are incredibly strict – and focused specifically on crosswalks. As long as a pedestrian is crossing the roadway within a crosswalk, vehicles must yield the right of way. Section 291C-72 and Section 291C-74 spell out the “duty of care” that all motorists in the state of Hawaii owe to pedestrians. The law makes it clear: drivers have an explicit responsibility to protect pedestrians in crosswalks.
In the event that motorists violate this responsibility, our firm helps hold them accountable.
Consequences for Motorists
If someone violates §291C multiple times, they can have their driver’s license and privilege to operate a motor vehicle revoked. Similarly, anyone who causes an accident and/or injury while violating this section may be held liable for that injury in a court of law.
Because drivers’ duty of care is spelled out explicitly, our attorneys should have no trouble using Hawaii law to prove negligence. Once we establish this carelessness, we will have every right to ask for damages in a personal injury lawsuit.
If you or a loved one has been injured or killed while crossing the street in a crosswalk, the law is 100% on your side. At Davis Levin Livingston, we are here to help uphold it.
Young children and older adults are specifically vulnerable to crosswalk accidents. §291C draws attention to this fact:
“Notwithstanding other provisions of this chapter, every 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 or any obviously confused or incapacitated person upon a roadway.”
If your child or older relative was injured or killed in a crosswalk, or if you are hurt while over the age of 65, your case will be especially strong and may result in increased compensation.
You may be able to ask for punitive damages, for instance, which will punish the wrongdoer, discourage this type of behavior in the future, and supplement your financial award.
Common Injuries in Crosswalk Accidents
Crosswalk collisions are especially dangerous for pedestrians because they do not have the protection of a vehicle. Anyone injured in a pedestrian accident will absorb the brunt of the impact with their bodies.
As a result, the following injuries can arise:
- Cuts and lacerations
- Bruises and burns
- Broken bones
- Severe fractures
- Soft tissue injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Injured extremities
- Emotional trauma
If you or a loved one have sustained any of the injuries above, you may be facing a long and expensive road to recovery. For assistance, call us at (808) 740-0633.
How Damages Can Help
After a traumatic crosswalk accident, filing a lawsuit may be the last thing on your mind. You might be struggling with pain, medical bills, and other consequences.
Fortunately, the field of personal injury law is designed to alleviate these concerns. Unlike criminal trials, which are designed to punish wrongdoers, civil trials are designed to protect your interests and assist your recovery.
Damages can help you pay for:
- Emergency room bills,
- Surgeries or other treatments,
- Rehabilitative services,
- Missed work,
- Diminished earning potential,
- Pain and suffering,
- And much more.
Contact our attorneys today to find out what compensation may be available to you.
Why You Should Choose Us
Our firm has been working in Hawaii for over 40 years. We have an intimate understanding of the law and the experience we need to apply it in courtrooms or settlement negotiations.
Don’t take our word for it, though:
Call (808) 740-0633 and schedule your no-cost case evaluation today!