HAWAII CAR ACCIDENT LAWYERS

FIGHTING FOR THE COMPENSATION YOU DESERVE AFTER AN AUTO COLLISION

A car accident never happens when you expect it. One moment you are going about your daily life—traveling to work, to school, or just out to have fun—the next you are in pain, scared and confused.

But the disruption of the initial accident is often only the beginning. If you are injured, you may face weeks, months, and sometimes a lifetime of pain and recovery. When the accident was avoidable, caused by a careless or negligent driver, the situation is all the worse.

This is when contacting a Honolulu auto accident attorney is in the best interests of you and your family. If you or a loved one has been hurt in a car accident, you deserve to know what your legal options are. At Davis Levin Livingston, we have helped many clients in situations similar to yours. We know how to fight for the compensation you deserve. Let our Hawaii car accident lawyers help you exercise your legal rights and set things right. We serve clients in Honolulu and on all the Hawaiian Islands.

Schedule your free, confidential consultationwith a Honolulu car accident attorney today, call (808) 740-0633.

Hawaii Car Accident Laws

Hawaii's car accident laws are designed to address various aspects of traffic collisions, focusing on fault, insurance requirements, and legal procedures. Here's a breakdown:

• Fault and Liability: Hawaii follows a "no-fault" insurance system for car accidents. This means that after a crash, each driver’s insurance typically covers their own injuries and damages, regardless of who caused the accident. However, if the injuries or damages exceed a certain threshold, victims may pursue a claim against the at-fault driver’s insurance. This threshold involves serious injury or significant economic loss.
• Insurance Requirements: In Hawaii, drivers are required to carry no-fault insurance, also known as Personal Injury Protection (PIP). This insurance covers medical expenses, lost wages, and other related costs for the policyholder and their passengers, regardless of fault. The minimum PIP coverage required is $10,000 per person. Additionally, drivers must have liability insurance with minimum coverage limits of $20,000 per person and $40,000 per accident for bodily injury, and $10,000 for property damage.
• Legal Procedures: After a car accident, Hawaii law requires drivers to exchange information, including names, addresses, and insurance details. If there are injuries or significant property damage, the accident must be reported to the police. Drivers involved in accidents causing injury, death, or significant property damage must file an accident report with the Hawaii Department of Transportation within 10 days.
• Statute of Limitations: Hawaii has a statute of limitations for filing a personal injury lawsuit following a car accident. Generally, you have two years from the date of the accident to file a claim. For property damage claims, the statute of limitations is also two years. It’s important to consult with a legal professional to ensure that all legal deadlines are met.
• Comparative Negligence: Hawaii uses a comparative negligence rule to determine fault in car accidents. This means that if multiple parties are involved, each party's degree of fault is assessed. Compensation is reduced based on the percentage of fault assigned to the injured party. For instance, if a driver is found to be 30% at fault, their compensation would be reduced by 30%.

When To Hire a Car Accident Lawyer

As a general guideline, it’s best to contact an experienced attorney after a car accident as soon as possible. There are a couple reasons for this, the first being the statute of limitations. The statute of limitations is a law which is implemented on a state level which allocates a specific time period when personal injury cases can be filed. According to Hawaii law H.R.S. § 657-7, Hawaii has a two-year timeline.

This means you have two years to file your claim or you will most likely lose your ability to do so along with your ability to recover compensation. There are some exceptions to this law which can change your filing time depending on the specifics of your case, so it’s important to speak to an attorney about your case as soon as possible.

Beyond the statute of limitations, car accident injuries can pose a unique challenge in that they are most usually soft tissue injuries. Soft tissue injuries are injuries that affect the tendons, ligaments and muscles of the body, such as whiplash. Like whiplash, these types of injuries typically progressively get worse over the course of a few days or weeks after the injury occurred.

Because of this, many injury victims sign a compensation agreement with an insurance company before talking to a lawyer only to later discover that their injuries are worse than they initially believed but are unable to recover any additional compensation to cover their additional costs. If you have suffered injuries at the hands of a negligent driver, call our Hawaii car accident attorney for help today!

I Feel unharmed, Should I Still Go to the Doctor?

Even if you do not appear to have any major injuries, you may discover over time that you were, in fact, hurt and you just did not know it. A Hawaii car crash is a chaotic situation that can have any number of issues that can result in any number of injuries. Because of these risks, your first steps following a car accident in Hawaii should always be to seek medical attention. Car accidents can be extremely destructive to the human body, leading to severe injuries and even death.

Some common car accident injuries include:

• Severe burns
• Brain injuries
• Spinal injuries
• Herniated discs
• Nerve damage
• Paralysis

The injuries that result from a car accident can last a lifetime, which is why it is so important to understand your legal rights following an accident. After you begin treatment with a medical professional, contact an experienced car accident attorney in Hawaii to work on recovering the cost of your medical bills.

Did a Negligent Driver Cause Your Accident?

Car accidents can happen for a variety of reasons. In some cases, there is truly no one at fault, but many times, the accident is the result of someone being negligent.

Some examples of negligence in car accidents inc

• Distracted driving—cell phone use, texting, etc.
• Drunk driving
• Poorly maintained vehicles
• Badly designed roads and intersections
• Reckless driving

The problem with a negligent driver is that it puts so many people at risk, including pedestrians and bicyclists, as well as other drivers. The driver is in control of a potentially deadly vehicle, and it only takes one moment of inattention or one careless mistake to take someone’s life or leave them injured for years to come.

The Hawaii accident attorneys at Davis Levin Livingston are here to help you hold negligent drivers accountable for the harm they cause. Call (808) 740-0633 for a free consultation of your case!

How Can an Attorney Help with a Car Accident Case?

If you were hurt due to the negligence of another driver, there is a very good chance that you could pursue a successful personal injury case against the responsible party. Our firm has extensive experience in this area, and we are ready to help you through the process.

When you hire our firm, we will investigate the accident and gather evidence to support the case, including witness testimony. Our purpose is to prove that the other driver was at fault, something we will work very hard to do.

If your lawsuit is successful, you should get the money you need to take care of yourself, your family, and further medical care. It will not take back the accident, but it will make it easier to move on with your life.

Fatal Car Accidents

Vehicle collisions happen in an instant, but the impact of those few seconds can last a lifetime. The families affected by a fatal car accident know the truth of this statement all too well — losing a loved one is an incalculable tragedy, and the aftermath of a wrongful death is a time that is fraught with stress.

When a person’s negligence causes the death of another driver, the deceased victim’s loved ones must bear the burden of funeral expenses and any pre-death medical costs that were accrued in the aftermath of the collision.

As the loved one of an individual who died in a car accident you could be compensated for expenses such as:

• The cost of burial
• Funeral expenses
• Medical bills incurred before death
• Pain and suffering payments

On top of the deep emotional scars of losing someone, the family of a car accident victim is also burdened with the responsibility of paying for medical bills and funeral costs. In the case of a fatal car accident, acquiring the funds to cover these expenses may involve negotiating with the other driver’s insurance company.

The legal team at Davis Levin Livingston is available to support you during this difficult time. Schedule a free consultation to discuss your case and discover what your rights are in the wake of tragedy.

Dos and Don'ts After a Car Accident

If you have been involved in a Honolulu car accident, you may be wondering what to do next. There are many things you can and should do in the days and weeks immediately after a car accident to protect your potential personal injury claim. The most important thing is that you begin to take action. The faster you act, the greater your chances of a quick and fair resolution in your car accident case.

THINGS TO DO IMMEDIATELY AFTER A CAR ACCIDENT

The following is a list of things to do immediately after your car accident that can help greatly in your personal injury claim. With every item you achieve, your case is likely to go that much more smoothly:

• Before all else, seek necessary medical attention
• Call the police
• Actively cooperate with any involved emergency or law enforcement personnel
• Take extensive notes concerning the car accident(including what happened, how it happened, license plate numbers of involved vehicles, and other drivers’ information)
• Take extensive notes concerning your injuries< (including physical injuries, mental anguish, pain levels, physical limitations, related medical expenses and how the injuries are impacting your daily life)
• Take note of the names, phone numbers and addresses of witnesses to the accident
• Contact your insurance company
• Take pictures of relevant evidence such as your injuries and damages to your car
• Contact an accident attorney.

Contacting an experienced car accident attorney is possibly the most advantageous thing you can do in your Honolulu car accident case. An attorney will help facilitate most every post-accident action required of you and can help you to keep from harming your claim.

WHAT NOT TO DO IMMEDIATELY AFTER AN ACCIDENT

Too many accident victims make the well-intentioned mistake of taking immediate, but misguided, action. By doing so, a victim may unknowingly hurt their potential personal injury claim or even themselves. 
Listed below are things you should NOT do after your car accident:

• Move your vehicle from the accident site unless required for safety or by law
• Subject yourself to further injury by waiting in a hazardous area after an accident
• Leave the scene of the accident until the police advise you to do so
• Toss out any potential evidence, such as your torn or blood-stained clothing
• Discuss fault or place blame (those discussions are for the court)
• Apologize for anything relating to the car accident (this could be construed as an admission of guilt)
• Agree to any kind of settlement prior to contacting a car accident attorney.

Contact Our Hawaii Car Accident Attorneys Today!

If you or a loved one have been hurt in a Honolulu car accident, call Davis Levin Livingston now at (808) 740-0633to discuss your situation. We offer a free initial consultation, which means you can talk to a qualified Hawaii car accident attorney at no cost to you. We will listen to your story and give you the best advice we can on how you should move forward.