Car Accidents With No Seatbelt in Hawaii

Glenn Honda | | Car Accidents

Car accidents are a serious concern everywhere, but in Hawaii, the stakes are even higher for those who neglect to wear seatbelts. Each year, many lives are lost or forever changed because drivers and passengers fail to buckle up. The problem is clear: not wearing a seatbelt dramatically increases the risk of injury or death in a crash.

In Hawaii, the combination of beautiful landscapes and winding roads can tempt people not to wear a seatbelt. However, this simple safety measure is often ignored, leading to tragic results. The heartache of families, the burden on emergency services, and survivors face long-term impacts.

But there is hope. By understanding the importance of seatbelt use and taking proactive steps, we can reduce these preventable tragedies. In this article, we will explore the importance of wearing seatbelts all the time, how to stay safe on the roads of Hawaii, and why a car accident lawyer is essential in case of an accident without wearing a seat belt.

Importance of Wearing Seat Belts

A person sitting in the driver’s seat of a car, fastening their seatbelt, with a coffee cup in the cup holderSeat belts are designed to keep occupants safe during a crash. They help to prevent serious injuries by restraining the body and reducing the risk of being thrown from the vehicle. Studies have shown that seatbelts save lives by keeping occupants inside the vehicle during a collision.

The National Highway Traffic Safety Administration says many Americans understand the lifesaving value of seatbelts, with a national use rate of 91.9%. In the past years, seat belts in passenger vehicles saved an estimated 14,955 lives.

In Hawaii, the seatbelt law mandates that all motor vehicle occupants, whether in the front or back seat, must wear a seatbelt. This law applies to both drivers and passengers. Children under the age of four must be in a child safety seat, and those aged four to seven must use a booster seat unless they are over 4 feet 9 inches tall.

What Does the Hawaii Seat Belt Law Require?

A smiling baby in a red car seat, with an adult securing the harness around the baby

H.R.S. § 291-11.6 mandates that all drivers and passengers, both in the front and back seats, must wear seatbelts while operating a motor vehicle on any public highway. Children under ten years must be restrained as per section 291-11.5. Exemptions apply to passengers in emergency and mass transit vehicles, with potential additional exemptions defined by the Department of Transportation.

A person is not in violation if:

  • Federal standards do not require the vehicle to have seat belts unless equipped with them
  • The number of passengers exceeds available seat belts
  • A medical condition certified by a healthcare professional,

These are some of the circumstances that prevent the use of a seat belt. Other exemptions may apply, as set by the Department of Transportation.

This statute does not alter existing laws regarding civil actions for damages in motor vehicle accidents. Non-compliance results in a $45 fine, a $10 surcharge for the neurotrauma special fund, and potentially up to a $10 surcharge for the trauma system special fund.

Legal Consequences of Not Wearing a Seat Belt

Failing to wear a seatbelt in Hawaii can result in significant legal consequences. Drivers and passengers caught without a seatbelt can receive a ticket and a fine.

For drivers, the penalty is a $102 fine on Oahu, Maui, and Hawaii counties and $112 on Kauai. Passengers aged 8-17 caught without a seatbelt will also receive a ticket and a fine, and their drivers may be held responsible.

Hawaii’s seat belt law is a primary enforcement law, meaning that a police officer can stop a vehicle and issue a ticket solely for a seat belt violation. This is intended to encourage compliance and ensure that all vehicle occupants are properly restrained.

Risks of Not Wearing a Seat Belt

A man with facial injuries and a neck brace sitting in the driver’s seat of a car while an emergency responder checks his conditionRiding in a car without wearing a seatbelt is risky. Seatbelts are designed to protect you in a crash, and not wearing one puts your life on the line.

In Hawaii, car accidents involving people with no seatbelt are all too common. Not wearing a seatbelt can lead to severe injury or even death. Seat belts save lives by keeping you properly restrained in the event of a collision. If you’re not wearing one, you could be thrown from the vehicle, which is often fatal.

When a car crashes, the impact can cause unrestrained occupants to collide with the interior of the vehicle and other passengers or be ejected entirely. This can result in serious injuries like broken bones, head trauma, or worse. In many cases, unrestrained individuals end up needing emergency responders and transportation to the hospital.

Hawaii’s seatbelt law requires all motor vehicle occupants to wear seatbelts, including everyone in the front or back seat. If you’re caught not wearing a seatbelt, you can be fined, and a police officer can issue a ticket on the spot.

For children, the risks are even higher. They must be in a booster seat or properly restrained according to their age and size. A child not in a seatbelt or booster seat is at extreme risk in a crash. The force of a collision can throw a child, causing severe injury or death.

Public Awareness and Education

Public awareness campaigns in Hawaii highlight the importance of seatbelt use. These programs aim to educate drivers and passengers about the dangers of not wearing a seatbelt and the legal consequences of non-compliance. The campaigns often involve increased law enforcement presence and checkpoints to ensure compliance with seatbelt laws.

Educational efforts also target specific demographics, such as teens and young adults, who are statistically less likely to wear seatbelts. By focusing on these groups, public safety officials hope to instill safe driving habits and reduce the number of unrestrained occupants on the road.

Seat Belts for All Ages

Not only adults need to wear seatbelts; children must also be properly restrained using appropriate booster seats, which are designed to keep young passengers safe and secure. Parents and guardians must ensure that kids are always buckled up correctly.

Mechanics of Seat Belts

Seat belt assemblies consist of straps, buckles, and retractors. These parts work together to hold a person in place during a car accident. When a crash occurs, the seatbelt restrains the person, preventing them from being thrown around or ejected from the vehicle. An unrestrained person is more likely to suffer serious injury or death.

Why Do You Need A Personal Injury Lawyer After A Car Accident With No Seatbelt?

Car accidents without seatbelts in Hawaii can lead to serious injuries and complex legal situations. If you’re involved in a car accident and aren’t wearing a seat belt, you might face significant challenges. Here’s why you need a personal injury lawyer in such cases:

Legal Complications

Hawaii law requires all drivers and passengers to wear seatbelts. If you’re in a crash without a seat belt, it can complicate your case. Insurance companies may argue that your injuries were more severe because you weren’t wearing a seat belt. A personal injury lawyer can help navigate these arguments and fight for your rights.

Proving Liability

Even if you weren’t wearing a seatbelt, you wouldn’t be at fault for the car accident. A lawyer can help prove that the other driver’s negligence caused the crash. They can gather evidence, talk to witnesses, and build a strong case showing the other driver’s duty and how they failed to uphold it.

Handling Insurance Companies

Insurance companies often try to minimize payouts, especially in cases involving unrestrained occupants. They may offer low settlements or deny claims altogether. A personal injury lawyer knows how to deal with these companies and ensure you receive fair compensation for your injuries and damages.

Medical Costs and Damages

Car accidents often result in high medical bills, especially if you aren’t wearing a seatbelt. You might need long-term care or rehabilitation. A personal injury lawyer can help you recover these costs, as well as lost wages and other damages. They understand how to calculate the true cost of your injuries and fight for a settlement that covers all your needs.

Contact an Experienced Lawyer For Car Accident Cases in Hawaii

Glenn Honda, personal attorney in HawaiiCar accidents without seatbelt in Hawaii highlight the serious risks faced by unrestrained occupants. Wearing seat belts is not just a legal requirement but an essential l step in protecting yourself and your loved ones. Seat belts save lives by reducing the risk of serious injury or death in a crash. Hawaii’s seat belt laws are in place to ensure that every driver and passenger, whether in the front or back seat, is properly restrained.

If you or someone you know has been involved in a car accident without a seatbelt in Hawaii, Recovery Law Center is here to help. We understand the legalities of these cases and are committed to assisting you through the recovery process. Schedule a consultation with us today to discuss your legal options. 


Glenn T. Honda

For over 29 years, attorney Glenn Honda has helped people injured in accidents throughout Hawaii get the best outcome for their case, whether it’s maximizing their settlement, or balancing costs and risks vs. putting the whole experience behind them. As the founding attorney of the Recovery Law Center, he is passionate about helping his clients with their physical, emotional and financial recovery. Mr. Honda will fight to get you coverage for your medical bills, lost wages, damaged property and other costs related to your accident.

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