Though only a small percentage of traffic accidents involve pedestrians, those that do are much more likely to result in serious injury or death. Improvements in motor vehicle safety have helped reduce injuries to drivers and passengers over the years, but the risk vehicles pose to pedestrians has remained largely unchanged.
The Hawaii Department of Transportation (HIDOT) recently recorded 44 pedestrian fatalities, the highest number since 1990. Like most years, a majority of these deaths occurred in Oahu, home to Honolulu. Over a five-year period, pedestrian deaths accounted for 22.24 percent of all traffic fatalities in Hawaii, the seventh-highest number in the nation. Clearly, walking along roads in the state carries tremendous risk.
If you were hurt as a pedestrian on Oahu, don’t hesitate to talk with an experienced Honolulu pedestrian accident attorney at Recovery Law Center. Our compassionate legal team will listen to your story and discuss your options for recovering compensation for your injuries and losses.
Call or contact us for a free consultation today.
How Can Recovery Law Center Help If You Are a Pedestrian Accident Victim
At Recovery Law Center, we understand the challenges pedestrian accident victims face. If you have been injured while crossing the street, walking on a roadway, or using a marked or unmarked crosswalk, we are here to assist you every step of the way. We help you secure the compensation you deserve for your injuries and protect your rights.
Advocating for Pedestrian Rights
Pedestrians have the right of way in many situations, especially when using crosswalks or pedestrian crossings. Drivers are required by law to yield to pedestrians and exercise due care to avoid collisions. Unfortunately, not all drivers follow these rules, and accidents can result in serious injuries. Our team will evaluate your case and determine if a driver’s failure to obey traffic signs or a prior violation contributed to the accident.
Thorough Investigation
We work with the Honolulu Police Department, police officers, and other local authorities to gather evidence related to your case. This includes:
- Reviewing traffic signs and signals at the intersection or roadway where the accident occurred.
- Examining prior violations or penalties on the driver’s record, such as the first infraction or additional infractions.
- Assessing whether the driver failed to yield, avoided colliding with a pedestrian, or created an immediate hazard.
- Investigating if you were using a marked or unmarked crosswalk, safely proceeding, or finishing crossing when the vehicle approached.
Legal Guidance and Support
We help you understand Hawaii’s pedestrian safety laws and how they apply to your case. For example:
- Pedestrians should not suddenly leave the curb or a place of safety, entering the path of a vehicle approaching at an unsafe speed.
- Drivers must yield the right of way to pedestrians in crosswalks at intersections and avoid creating a hazard for pedestrians on the opposite half of the street.
If a driver fails to meet these legal obligations, we work to hold them accountable for their actions.
Pursuing Compensation for Your Injuries
Pedestrian accidents often result in serious injuries, including fractures, head trauma, and other long-term consequences. We focus on recovering compensation for medical bills, lost wages, pain, and suffering. If a driver’s actions, such as failing to follow traffic laws or operating a vehicle recklessly, caused your injuries, we will seek fair compensation on your behalf.
What Are the Pedestrian Laws in Honolulu?
Hawaiian pedestrian laws are consistent with those in most other states and include the following:
- Jaywalking, or pedestrian crossing a street outside of a crosswalk or away from a street corner, is illegal.
- All vehicles must stop at crosswalks when a pedestrian has entered or is about to enter the crosswalk on their half of the road.
- It is against the law for pedestrians to walk along the road when a sidewalk is available. When no sidewalk is available, they must walk on the left side of the road or on the shoulder, facing approaching vehicles.
- Pedestrians who jaywalk or disregard crossing signals are subject to citations and escalating fines. The fine for a first infraction is $150, a second infraction within one year of the first is $300, and a third infraction within one year is $1,000.
It’s always important to follow pedestrian laws, not only to prevent injury but to avoid citations from the police and legal claims from drivers.
Is the Driver Always Liable for Pedestrian Accidents?
Hawaiian pedestrian laws are simple in theory. In practice, it can be challenging to determine whether a driver exercised due care prior to an accident.
Because pedestrians usually suffer much more serious injuries than vehicle drivers in a collision, it may seem like the driver is always to blame. Not so — pedestrians may be at fault for an accident if they broke traffic laws and contributed to the accident.
That said, establishing fault in accidents involving pedestrians can be complicated. Sometimes, pedestrians break traffic rules and end up getting struck by an oncoming car. Still, drivers are obligated to exercise due care to avoid colliding with anyone on foot. An investigation can help identify the liable parties and whether the injured pedestrian can step out of the state’s no-fault auto insurance system and file a claim against the other driver.
When Is a Pedestrian Liable for an Accident?
Passenger and commercial vehicles have several safety features that protect their occupants. Pedestrians have none. Because of their vulnerability, people mistakenly assume that the driver is always at fault for a collision.
However, pedestrians may be liable for traffic accidents when they are found to have caused the crash, either intentionally or through negligence. This can include anything from jaywalking on a busy street to using a crosswalk while the “don’t walk” sign is on.
Pedestrians may be liable when they fail to exercise reasonable care while walking. For this reason, it is important when walking along a roadway to always follow HIDOT’s guidelines.
- Stay on sidewalks when walking. If there is no sidewalk, walk facing traffic.
- Always cross streets as quickly as possible. Your crossing should be perpendicular to the roadway, not diagonal.
- Use crosswalks whenever available, and obey all traffic signals.
There are also situations where both a driver and a pedestrian may be considered at fault for an accident.
Consider this example: A speeding driver hits a jaywalking pedestrian. In serious injury cases where fault is shared, a skilled attorney can help identify who is to blame for a pedestrian accident.
Proving Liability After a Pedestrian Accident
Hawaii uses a comparative negligence rule when determining liability after an accident. That means that even if you were partially at fault for your accident, you can still recover compensation as long as you weren’t more than 50 percent at fault.
In addition, the amount of compensation you can receive after an accident will depend on the portion of fault you are assigned. Let’s say the court found you 30 percent responsible for an accident. Your compensation would be reduced by that amount. If your compensation was valued at $100,000, you would recover $70,000.
In cases where the fault is being disputed, it’s especially important to seek advice from a pedestrian accident lawyer. If you are deemed more than 50 percent responsible for the collision, you will be barred from recovering any compensation at all. With so much on the line, you want an attorney who can collect the evidence necessary to build a strong and compelling claim.
Examples of evidence your law firm may gather to show liability and the extent of your losses include:
- Medical records
- Police reports
- Photos of the accident scene
- Surveillance video footage
- Eyewitness testimony
- Testimony from expert witnesses
Finding, cataloging, and presenting this evidence properly is essential to making a convincing case. That is why it is so vital that you feel confident to put your case in the hands of a caring and qualified lawyer.
Contact Recovery Law Center Today
Knowing and following pedestrian laws is essential for everyone’s safety. These laws are not just guidelines—they help prevent serious injuries and protect lives. Whether you’re a pedestrian crossing at a marked crosswalk or a driver yielding at an intersection, compliance with traffic signs and laws ensures a safer city for all.
If you’ve experienced an accident or need legal guidance regarding pedestrian laws, Recovery Law Center is here to assist. Schedule a consultation today, and let us help you with the legal path toward resolution and safety.
