Hawaii’s scenic bike tours offer breathtaking views, but accidents can happen. With little protection, cyclists face serious risks when sharing the road with motor vehicles. A bike accident can lead to severe injuries, including broken bones, road rash, or even a traumatic brain injury. If you’re injured on a bike tour in Hawaii, knowing your rights is important.
Many bicycle accidents occur due to a negligent driver failing to yield, ignoring a stop sign, or not making a complete stop. Riders are still at risk, even on designated bike paths or in a bike lane. If a driver’s negligence caused your injuries, you may have a personal injury claim under Hawaii law. Seeking compensation through a civil claim can help cover these costs.
Hawaii bicycle accident cases can be complex, but an experienced attorney can guide you through the legal process. If you’ve suffered injuries while riding in places like Haleakalā National Park or along the Hawaiian Islands’ scenic roads, you don’t have to face it alone. A legal consultation with a lawyer can help you understand your options and what steps to take next.
Why Hawaii Bike Tours Are Under Scrutiny
Hawaii’s bike tours, particularly those on Maui’s Haleakalā volcano, have come under increased scrutiny due to safety concerns and community impact. The Maui County Council enacted a law limiting commercial downhill bike tours to a 6.5-mile route between mile markers 3 and 9.5 on Haleakalā Crater Road, effective February 1, 2023. This legislation addresses resident complaints about disruptions and safety hazards caused by bike tours on local roads.
The scrutiny intensified following several accidents, including fatalities and injuries, associated with these tours. In response, the National Park Service suspended commercial bike tours within Haleakalā National Park in 2007, leading operators to start tours outside park boundaries. d
Community members have expressed concerns about bike tours crowding narrow roads, creating potential safety risks for both cyclists and motorists. Discussions have been ongoing about further regulations to mitigate these issues.
Contributing Factors to Bike Accidents
During bike tours, distracted and inexperienced cyclists are the most significant danger to themselves and others. The idea is to enjoy the scenery, but the roads down the mountain in Haleakala National Park are winding and often steep. As a result, a distracted or inexperienced cyclist could quickly lose control or veer off into oncoming traffic. Other common causes of bike tour accidents include:
- Riding too closely to motor vehicle traffic
- Riding too slowly
- Making unsafe passes or lane changes
- Failing to yield
- Running a red light or stop sign
Many Hawaii bicycle accidents result from negligent car drivers. When that is the case, the injured cyclist could file a claim against the driver to recover compensation.
Updated Bike Tour Permit Requirements
Due to the local government monitoring the issues and listening to the locals, changes are making biking in the area of Haleakala safer. In response to complaints from residents and the growing concern regarding biking accidents, Maui County Council members recently sought to regulate the Hawaii bike tours industry by limiting the usage of Upcountry roads and increasing the minimum age requirement to 15 for minors who want to participate.
In October 2022, Maui County ordinance no. 5439 further restricted bike tours in the area by requiring permits. According to this law, any business or person conducting a bike tour on county property must obtain a bicycle tour business permit.
To receive a permit, the company must obtain comprehensive liability insurance from an admitted carrier in the state and execute an indemnification agreement with the county.
Common Injuries From Haleakala Bike Accidents
Given the vulnerable state of bicyclists sharing winding roads with vehicles, the resulting injuries from an accident can be severe. Common examples include:
- Broken bones and fractures
- Muscle strains and sprains
- Head injuries, including traumatic brain injuries
- Neck and back injuries
- Spinal cord injuries
More severe injuries result in more damages, such as the cost of medical care, lost income, and mental distress.
Steps To Take After a Bike Tour Accident
What you do after an accident can significantly impact your ability to recover your losses. If you suffered an injury while experiencing one of the many Hawaii bike tours available in Maui, take these steps in the immediate aftermath to protect your right to compensation:
- Report the accident: Whether you suffered substantial injuries or had severe property damages or not, you should report a collision to local police. They will most likely investigate and create a police report that could benefit your claim.
- Seek medical attention: Even minor accidents can result in severe injuries. See a doctor immediately for a complete examination, ensuring you get the medical attention you need and putting your injuries on the record.
- Document everything: If your injuries allow, take photographs of the scene, including any property damage and visible injuries. Get eyewitnesses’ names and contact numbers, and if another party present is at fault, ask for their insurance information.
- Avoid talking about the accident: A common mistake is discussing the accident with others or posting about it online. Doing so could unintentionally claim blame and hurt your case.
- Contact a personal injury attorney: Hawaii bike tours can result in tort claims and a personal injury attorney practices tort law. An experienced lawyer can help you build your case.
If you wonder if the circumstances of your accident validate a personal injury claim, an attorney can help you build your case when there is a liable party.
What Legal Representation Can Do for You
During your initial consultation with an attorney, they will answer any questions you have about the accident and walk you through the legal options available to you.
If you have a civil claim, hiring an attorney comes with many benefits:
- Investigate the accident to find evidence of negligence.
- Handle all necessary paperwork to file your claim and negotiate with the insurance company.
- Identify all the recoverable damages and evaluate the non-monetary losses, such as pain and suffering.
- Interview eyewitnesses and gather the documentation needed to support your claims of negligence and for damages.
- Offer compassionate support and an objective, professional opinion.
If you suffer severe injuries or your loved one passes away from a fatal bike crash, you know the financial repercussions can be substantial. Most personal injury attorneys work on contingency to help alleviate that burden and ensure you have experienced legal representation, meaning they only collect payment when they win your case.
Talk to a Personal Injury Attorney in Hawaii
Hawaii bike tours are a fun way to see the beautiful islands. However, organizations offering these tours owe a duty of care to participants that they do not always uphold, or negligent drivers collide with unsuspecting riders.
If you suffered an avoidable injury during a bike tour in Hawaii, an injury attorney at Recovery Law Center answers your questions and determines if you need to take the next steps in seeking compensation. Contact Recovery Law Center in Hawaii online or at 808-427-3088 and schedule a free consultation with an experienced attorney today. We are here to give information without obligation.
