If you are involved in a car accident in Hawaii it's important that you understand how the state determines liability.
There are several points that are taken into account when figuring out the liability in a Hawaii car accident case. A few of these points include:
The conditions of the road;
The weather;
Negligence of the other driver; and
Any errors or defects in the auto manufacturing process.
As you can see from the above list, the degree of fault and liability really depends on the specific circumstances surrounding an accident and how state laws reflect on those circumstances.
Hawaii Comparative Negligence
Hawaii utilizes a modified comparative negligence model to be able to decide how much each person involved in the accident is at fault. Hawaii's negligence laws
require that you prove that the other person was 51% or more responsible for the accident. If it is determined that they are less than 51% at fault, then they won't be liable for any damages.
The court will also examine your degree of fault and may reduce any settlement amount you would receive appropriately. Take for example if you were in a vehicle accident and the other person is found to be 80% at fault. Therefore, you are found to be 20% at fault. Whatever is determined to be your final settlement, that amount will be reduced by 20%. If you were to be awarded $200,000 in your settlement, in the preceding example you would only receive $160,000.
If you have been involved in a car accident in Hawaii, it's a good idea to speak with a qualified attorney that can walk you through the necessary steps in the process.
