Teenage driving accidents in Hawaii harm young people, other victims, and the economy. In fact, unintentional injury, including car accidents, is the leading cause of death for 15-19 year olds in Hawaii. There are several important issues when it comes to teenage car accidents in Hawaii:
- Risk factors that elevate the risk of car accidents for teenagers
- How legal fault is determined when a crash involves a teen
- License penalties for teens involved in a crash
- How insurance and legal liability works when a teenager is at fault
- When your teen is not at fault
Our Honolulu car accident attorneys explain teenage driving accidents in Hawaii.
Is Teenage Driving a Problem in Hawaii?
Teenage driving is a major concern in Hawaii. Statistics show that teen drivers are three times more likely to be involved in a car accident than older drivers. The risk is even higher for younger teens. 16-year-old drivers have a crash rate per mile driven 1.5 times greater than 18- and 19-year-olds. This alarming trend raises questions about safety, education, and legal measures to protect Hawaii’s roads.
Recent Teenage Driving Case in Hawaii
A tragic vehicle crash in Waikoloa in 2024 left a 17-year-old girl dead and three other teenagers seriously injured. The major traffic collision occurred at the Mamalahoa Highway (Highway 190) intersection and Waikoloa Road (Highway 191) when a silver 2022 Chevrolet Spark collided with a southbound Peterbilt tractor-trailer carrying 5,000 gallons of water.
According to the Hawaii Island police reports, the Chevrolet was making a left turn onto Highway 190 when it was broadsided by the truck. Emergency responders rushed the 17-year-old driver of the Chevrolet to Kona Community Hospital, where she was pronounced dead later that morning.
Three female passengers in the Chevrolet were seriously injured in the crash. All were taken to North Hawaii Community Hospital for initial treatment. Two were later flown to Oahu for further care, while the third remains hospitalized at North Hawaii Community Hospital.
Factors that Increase Risk for Teenage Drivers
Teenage drivers face higher risks due to inexperience and common behaviors. Their limited time behind the wheel often leads to mistakes in judgment and difficulty handling challenging situations. Here are the primary factors contributing to their risk:
- Inexperience and Poor Decision-Making: Teenagers often struggle to recognize and respond appropriately to hazards. Their limited driving skills can result in overreacting or failing to react to dangerous situations.
- Speeding and Driving Too Fast for Conditions: Excessive speed is a leading factor in accidents. Teen drivers may not fully understand how speed impacts vehicle control, especially in bad weather or heavy traffic.
- Alcohol and Drug Use: Driving under the influence significantly increases the likelihood of a deadly car crash. Impaired judgment and slower reaction times make this behavior particularly dangerous.
- Distracted Driving: Texting, looking at screens, or interacting with passengers can divert attention from the road, leading to significant traffic collisions.
- Tailgating and Poor Following Distance: Inexperienced drivers often misjudge safe following distances, leading to rear-end accidents.
- Failure to Adjust to Road Conditions: Changing weather, slippery roads, or nighttime driving require quick adjustments. Teens may lack the skill to handle these challenges, putting themselves and others at risk.
- Rushing and Driving While in a Hurry: Teenagers may rush to reach a destination, increasing the risk of reckless driving and deadly accidents.
- Lack of Knowledge About Vehicle Maintenance: Ignoring basic vehicle upkeep can lead to malfunctions such as brake failure or tire blowouts, causing serious accidents.
- Poor Steering and Handling Skills: When a hazard appears, teens may oversteer or fail to control the vehicle, often leading to serious injury or worse.
- In-Car Distractions: Adjusting the radio, GPS, or other controls while driving takes attention off the road and heightens the risk of a crash.
- Unfamiliarity with Routes and Lane Changes: Not knowing the driving route or failing to check for traffic when switching lanes can lead to collisions with vehicles, including a tractor-trailer transporting water or other large vehicles.
- Tentative Driving: Driving too cautiously can confuse other drivers and cause accidents in busy traffic.
Legal Fault When a Crash Involves a Teen
Teens are evaluated under the same standards that apply to adult drivers. A teen is responsible if an adult is responsible for the crash under the same circumstances. Juveniles may receive traffic tickets.
Operating a motor vehicle is an adult activity. When not done with reasonable care, it can be dangerous. For this reason, teenagers accept adult responsibility and the same legal standards of negligence that apply to anyone operating a vehicle.
Licensing and Penalties for Teens
Eligibility for Provisional License
To obtain a provisional license, the applicant must:
- Be 16–17 years old.
- Hold an instruction permit for at least 180 days without pending suspension/revocation.
- Complete all required tests and courses.
Rules for Provisional License Holders
- Must carry a license while driving.
- Everyone in the vehicle must wear seat belts or use child restraints.
- Can only carry one passenger under 18 unless the passenger is a household member or foster/hanai child unless accompanied by a parent/guardian.
- Driving between 11:00 p.m. and 5:00 a.m. requires a parent/guardian in the front seat unless:
- Driving to/from work (with employer verification).
- Driving to/from a school activity (with parent/guardian verification).
- During restricted hours, you cannot carry more than one passenger under 18 without a parent/guardian.
Penalties for Violations
- First offense: 3-month suspension. No re-issuance until the age of 18 or 3 months after suspension.
- Second/subsequent offenses: 6-month revocation. No re-issuance until the age of 18 or 6 months after revocation.
- Suspension/revocation for other traffic offenses follows similar timelines (6 months for the first, 1 year for the second).
Other Details
- Provisional licenses expire on the holder’s 19th birthday.
- Eligible for a full license after holding a provisional license for 6 months or upon turning 18 (whichever comes first).
- Exceptions: Rules don’t apply to emancipated minors or motorcycle/scooter licenses.
- Courts notify license examiners of violations affecting provisional licenses.
See H.R.S. § 286-102.6(e). These penalties apply for any traffic offense, not just when a teen is at fault for a crash.
Insurance and Legal Liability When a Teen is Involved in a Crash
There are two ways that parents may be liable for the actions of their teens on the roads. The first is through car insurance, and the second is by signing responsibility for the teen when they receive their permit or license.
Liability through insurance
Hawaii law says that every vehicle owner operating on a public road shall have car insurance and maintain it for the entire motor vehicle registration period. No person may operate a motor vehicle on a public highway unless insured.
Most car insurers require everyone in the household to be on the policy, although it’s possible for the teenager to have a separate policy. Hawaii is a no-fault state, so PIP claims should go through everyone’s insurance. But if your teen is driving your vehicle, it’s your insurance that is going to pay injury liability and property damage. (See H.R.S. § 431:10c-104).
Your insurance applies to your vehicle when you loan it to others. So even if your teen is grown, no longer living in your household, and has their insurance, loaning the vehicle to them still creates liability for their actions. If your adult teenager is still a part of your household, your insurance will likely require them to be named on your policy.
Liability created by law
The other reason that parents are responsible for their teenage drivers is because they sign up for liability when the teenager gets their license. Hawaii Revised Statutes § 286-112 says that an application for a permit, provisional license, or driver’s license for a person under 18 must be signed for by the responsible adult. When there’s joint custody, a sole custodial parent or a guardian, that’s both parents. Any negligence or misconduct of the minor is imputed to the person who signed for them.
Many parents don’t remember signing for their child, but they can be liable if the teen is responsible for an accident. Once you’ve signed, you can cancel your signature, revoking the teen’s license (H.R.S. § 286-113), but you won’t escape liability if a crash has already occurred.
Car Accident Teenager Not at Fault
Teenagers shouldn’t be presumed to be at fault for an accident. If a teen is a car accident victim, they may have a right to claim compensation. Serious bodily injury, loss of a body part, serious loss of bodily function, disfigurement, and death may all be grounds for compensation. Teen victims often suffer life-changing injuries. They shouldn’t suffer without legal representation.
What if Your Child is a Teen Driving Accident Victim in Hawaii?
Dealing with a teen driving accident can be overwhelming for any parent. If your child has been involved in a serious vehicle crash in Hawaii, there are several important steps to take immediately. Knowing how to respond can help protect your child’s well-being and rights.
Focus on Your Child’s Health
If your teen was injured, ensure they receive immediate medical attention. Serious conditions may require hospitalization, surgeries, or long-term treatment. Minor injuries should be examined, as symptoms like pain or discomfort can surface later.
Gather Information About the Crash
Understanding what happened is essential. A major traffic collision investigation often involves police, insurance companies, and possibly legal professionals. Collect details about the crash, including:
- Time and location of the accident.
- Names and contact information of others involved, including two passengers or one teenager if they were present.
- Police reports and any witness statements.
Address Financial Concerns
Accidents often lead to significant expenses. Medical bills can quickly add up, and your teen may miss school or part-time work, leading to lost wages. An insurance company may cover some costs, but they often try to minimize payouts. Working with a personal injury attorney can help ensure you receive fair compensation.
Protect Your Teen’s Legal Rights
If the crash involved negligence or disputes over fault, a personal injury attorney can guide you through the process. They can help in negotiations with the insurance company and ensure your family’s rights are respected.
Prevent Future Accidents
Encourage your teen to drive safely and follow traffic laws. Highlight the dangers of distracted driving and speeding. Simple steps, like reminding them to wear seatbelts and avoid risky behavior, can save lives.
When the Worst Happens
In tragic cases where a teen is killed, families face unimaginable loss. Support systems, including grief counseling and legal guidance, can help parents handle this difficult time. Seeking justice in cases of negligence may provide some closure.
Attorneys for Accidents Involving Teenagers in Hawaii
Legal issues after an accident involving teenagers can be challenging, but you don’t have to face it alone. At Recovery Law Center, we are committed to guiding you every step of the way. Our team understands the complete nature of these cases and will work diligently to protect your rights and pursue the compensation you deserve. Schedule a consultation today to discuss your situation and explore your legal options. Let us help you take the first step toward resolution and recovery.
