Distracted driving kills people on Oahu roads every day. A driver glances at their phone for five seconds—at 55 mph, their vehicle travels the length of a football field with no one watching the road. Hawaii has the second highest rate of fatal crashes involving distracted drivers in the United States, behind only New Mexico. In 2023, 3,275 people died nationwide in crashes involving distracted drivers.
When a distracted driver injures you and causes a car accident in Oahu, Recovery Law Center fights for your rights. Our attorneys understand Hawaii’s strict distracted driving laws, know how to prove negligence, and hold careless drivers accountable while you focus on healing.
Hawaii’s Distracted Driving Laws
Hawaii prohibits using handheld mobile electronic devices while driving, including cell phones, text messaging devices, paging devices, personal digital assistants, laptop computers, video games, and digital cameras.
- Special Restrictions for Young Drivers: Drivers under 18 cannot use cellular devices at all while driving, including hands-free devices.
- Limited Exceptions: Emergency 911 calls, hands-free devices for drivers 18 and older, and parked vehicles.
- Penalties: First offense fines range from $200-$300. Repeat offenses bring higher fines, and insurance rates increase approximately 10% after a violation.
Types of Distracted Driving
Distractions fall into three categories that often occur simultaneously:
- Visual Distractions: Taking your eyes off the road to read texts, check GPS, look at passengers, or stare at accident scenes.
- Manual Distractions: Taking your hands off the wheel to text, eat, reach for objects, adjust controls, or program GPS.
- Cognitive Distractions: Taking your mind off driving through phone conversations (even hands-free), daydreaming, arguing with passengers, or thinking about work.
Common behaviors include texting, making calls, using social media, taking photos, checking email, using navigation apps, eating, applying makeup, talking to passengers, and adjusting controls. Cell phone use remains the most dangerous—approximately 30% of all distracted driving crashes involve phone use. Texting combines all three distraction types simultaneously.
Common Causes of Distracted Driving Accidents in Oahu
- Tourist Distractions: Visitors navigate unfamiliar routes using GPS constantly, stop suddenly for photos, turn to look at landmarks, and miss signals while checking maps. Waikiki and the North Shore see frequent tourist-related crashes.
- Work-Related Distractions: Delivery drivers check phones for addresses, rideshare drivers use multiple apps, salespeople take client calls, creating dangerous situations.
- Urban Congestion: Drivers check phones at red lights and continue looking when traffic moves, rear-ending stopped vehicles in downtown Honolulu and the H1 corridor.
- Scenic Route Distractions: The Kamehameha Highway, Pali Highway, and coastal roads tempt drivers to take eyes off the road for ocean views and photo opportunities.
Injuries from Distracted Driving Accidents
- Traumatic Brain Injuries: Concussions and severe TBI from head impacts cause memory problems, personality changes, cognitive impairments, and require years of rehabilitation.
- Spinal Cord Injuries: Herniated discs, fractured vertebrae, and complete spinal cord injuries result in chronic pain, paralysis (paraplegia or quadriplegia), requiring surgery and lifetime care.
- Broken Bones and Fractures: Arms, legs, ribs, facial bones, and pelvic fractures from impact forces require surgery, hardware installation, and months of recovery.
- Soft Tissue Injuries: Whiplash, shoulder injuries, and back strains affect muscles, ligaments, and tendons, causing chronic pain lasting months or years.
- Internal Injuries: Organ damage, internal bleeding, punctured lungs, and trauma to liver, spleen, or kidneys require emergency surgery.
- Psychological Trauma: PTSD, flashbacks, nightmares, driving anxiety, and depression require therapy and medication for long-term coping.
Proving a Distracted Driving Case
- Cell Phone Records: We subpoena records showing calls, texts, and data usage with time stamps matching the accident, providing undeniable proof regardless of driver denials.
- Witness Statements: Other drivers, passengers, and pedestrians who observed distracted behavior before the crash provide crucial testimony.
- Police Reports: Officers document phone observations, driver admissions, and cite violations of Hawaii’s distracted driving laws.
- Traffic and Security Cameras: Intersection cameras, business security footage, and dashboard cameras capture drivers looking down before impact.
- Accident Reconstruction: Expert witnesses analyze physical evidence, calculate speeds and reaction times, and demonstrate how attention would have prevented the crash.
- Social Media Posts: Time-stamped posts, status updates, and photos taken moments before crashes prove phone use during driving.
Compensation for Distracted Driving Accident Victims
- Medical Expenses: Emergency treatment, ambulance transport, hospitalization, surgeries, doctor visits, specialists, physical therapy, rehabilitation, medications, medical equipment, and future care.
- Lost Income and Earning Capacity: Missed wages during recovery, reduced ability to work, inability to return to previous jobs, reduced hours, lower-paying positions, early retirement, and lifetime earnings losses.
- Property Damage: Vehicle repair or replacement, rental cars, and damaged personal property like phones, laptops, or glasses.
- Pain and Suffering: Chronic pain, reduced mobility, inability to participate in enjoyed activities, and diminished quality of life.
- Emotional Distress: Anxiety, depression, PTSD, driving fear, sleep disturbances, therapy costs, and mental anguish from permanent disabilities.
- Loss of Consortium: Changed family relationships as spouses lose companionship and intimacy, and families become caregivers.
- Punitive Damages: Awarded for extreme recklessness such as texting at high speeds, multiple violations, or causing serious injuries through distraction.
Steps to Take After a Distracted Driving Accident
Immediately:
- Call 911 for police documentation and medical assistance
- Document everything with photos (vehicles, injuries, scene, road conditions, weather)
- Collect driver information (name, contact, license, insurance, vehicle details)
- Get witness contact information and ask if they saw phone use
- Note if you observed the driver on their phone
- Do not admit fault or discuss the accident details
- Do not give recorded statements to insurance companies
After the Scene:
- Seek immediate medical attention at emergency room or urgent care
- Follow all treatment recommendations and attend every appointment
- Keep detailed records (medical bills, lost work time, pain journal, injury photos)
- Avoid social media posts about the accident
- Contact an attorney immediately—cell phone records get deleted and evidence disappears quickly
How Recovery Law Center Proves Distracted Driving
- Immediate Investigation: We visit crash sites quickly to measure evidence, photograph conditions, identify security cameras, and interview witnesses before memories fade.
- Cell Phone Record Analysis: We send preservation letters to phone companies immediately, then subpoena complete records showing time-stamped calls, texts, and data usage proving distraction regardless of driver claims.
- Expert Testimony: Accident reconstruction experts demonstrate how distraction caused the crash, medical experts explain injuries and future needs, economic experts calculate lifetime losses, and forensic experts authenticate electronic evidence.
- Insurance Policy Investigation: We obtain complete insurance policies, identify additional coverage including umbrella policies, and check for employer liability when drivers were working during the accident.
What Our Clients Say
Mary Ellen O’Connor: “Glenn is a caring attorney. If you need an injury lawyer you have the right place with Recovery Law Center.”
Cory Wilson: “The entire team at Recovery Law Center went above and beyond to take care of me and my family after my wreck. They were caring and I would highly recommend them.”
Joseph Steinfeld: “RLC attorneys care about their clients and will always work in your best interest. I have been privileged to work with Glen Honda and his staff for more than 2 years as a co-counsel in many Maui fire cases and there are no better advocates for the rights of the injured.”
Areas We Serve on Oahu
Honolulu, Waikiki, Pearl City, Kailua, Kaneohe, Waipahu, Mililani, Aiea, Wahiawa, Kapolei, Hawaii Kai, Downtown Honolulu, North Shore, Haleiwa, Waianae, Ewa Beach, West Oahu, Central Oahu, and surrounding areas.
Contact an Experienced Oahu Distracted Driving Accident Lawyer
A distracted driver changed your life in seconds. You face medical bills, lost wages, and ongoing pain while worrying about your future. Our Oahu personal injury lawyers at Recovery Law Center has fought for distracted driving victims across Oahu for years. We understand Hawaii’s laws, prove phone use, and recover maximum compensation.
You pay nothing unless we win. We offer free consultations to evaluate your claim and explain your rights. The sooner we start, the stronger your evidence becomes.
Call Recovery Law Center today. Don’t let distracted drivers avoid responsibility.
Located in Honolulu, serving all of Oahu and the Hawaiian Islands.
Frequently Asked Questions
How do you prove the other driver was distracted?
We obtain cell phone records with time-stamped activity, interview witnesses who saw distraction, review police reports, analyze camera footage, and examine social media for evidence.
What if the driver denies using their phone?
Cell phone records provide objective proof regardless of denials. Time-stamped records showing calls, texts, and data usage during the accident contradict false statements.
How long do I have to file a claim in Hawaii?
Two years from the accident date. Missing this deadline bars recovery forever. Contact an attorney immediately.
What if I was also distracted?
Hawaii uses modified comparative negligence. You can recover damages if you’re less than 51% at fault. Your compensation reduces by your fault percentage.
Should I accept the insurance company’s settlement offer?
No. Initial offers rarely cover full damages, future medical needs, or adequately compensate for pain and suffering. We often recover several times more than initial offers.
