Written by
Charles R. Gueli, Esq.
Charles R. Gueli, Esq.
Licensed Attorney
Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.
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Learn how Hawaii laws help determine fault in car accidents and how liability will affect your payout.
On This Page
- Car Accident Liability in Hawaii
- Shared Fault and Accident Payouts
- Fault for Rear-End Accidents
- Fault for Side-Impact Crashes
- Fault for Head-On Collisions
Traffic accidents in Hawaii cause more than 500 serious injuries and fatalities every year.¹
Hawaii is a no-fault auto insurance state, meaning most injuries are covered by the Personal Injury Protection (PIP) coverage under your policy, no matter who caused the accident.
The at-fault driver is liable for property damage claims and injuries that are serious enough to cross over the no-fault threshold. Fault for Hawaii car accidents depends on the circ*mstances of the crash and the relevant traffic laws.
Car Accident Liability in Hawaii
Hawaii is a no-fault state. Unless your injury is severe enough to cross the no-fault threshold, you must file a claim under your policy’s PIP coverage, regardless of fault. PIP does not compensate for pain and suffering. You cannot sue or be sued unless there are serious injuries.
Injury compensation in Hawaii may come from:
- Your own insurance company
- The at-fault party’s liability coverage
- Both your insurance and the at-fault driver’s insurance
Frequently Asked Questions
Is Hawaii a fault or no-fault state?
Hawaii is a no-fault state. You must first turn to the Personal Injury Protection (PIP) coverage under your own policy, regardless of fault.
What happens if the at-fault driver has no insurance in Hawaii?
Drivers convicted of driving without valid insurance can face fines ranging from $100 to $5,000, community service, and suspension of their driver’s license.
Can I be sued for a traffic accident that was my fault?
You can be sued for accidents resulting in serious injuries or death. In most cases, your auto insurance company has a duty to defend you in a lawsuit. They will try to settle the claim against you and hire an attorney to represent you in court.
How much car insurance is required in Hawaii?
Hawaii mandates auto liability insurance coverage of at least $20,000 per person and $40,000 per accident for bodily injury, and $10,000 in property damage coverage.
Hawaii Shared Fault Rules and Accident Payouts
Hawaii follows a Comparative Fault rule. This means you can file a claim against the other driver, even if you are partially at fault for the accident, so long as you are not more to blame for the accident than the other driver.
If you are equally or less at fault, you can still receive a settlement, but the amount will be adjusted according to your percentage of liability for the accident. If you are more to blame than the other driver, you may be barred from seeking compensation.
Hawaii’s comparative fault law states, in part:
Contributory negligence shall not bar recovery in any action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage or death recovery is made.
Contact an experienced personal injury attorney if the other side is trying to blame you for the accident. Your attorney may determine that your percentage of fault is far less, or that you don’t bear any fault for causing the accident.
Fault for Rear-End Accidents in Hawaii
Most states find the rear driver to be at fault for rear-end collisions. Drivers in Hawaii are required to pay attention and leave enough room between vehicles to stop safely.
Rear drivers are liable if an accident happens because they were following too closely for the weather, traffic speed, or road conditions.
Hawaii prohibits drivers from following too closely:
A driver must not follow another driver more closely than is “reasonable and prudent”, having due regard for the speed of other drivers and traffic conditions along the roadway. A driver who is towing another vehicle must leave sufficient space ahead of their vehicle to allow an overtaking vehicle to enter and occupy this space without danger.
Many rear-end accidents happen because the driver in the rear was distracted, and not looking where they were going. Cell phone use, particularly texting, is a common distraction leading to accidents.
Hawaii prohibits the use of hand-held phones while driving:
Drivers must not drive while using a mobile electronic device, except for the sole purpose of calling 911.
Case Example: Rear-EndCollison
John had stopped for a red light on the Kula highway in Maui when he was rear-ended by a car driven by Mikala, who was heading to the beach to meet some friends. Mikala was distracted by glancing at her phone trying to respond to a text, When she looked up and saw traffic stopped in front of her, she had no time to react.
Mikala is fully liable for John’s serious injuries and the damage to his vehicle.
Fault for Side-Impact Crashes in Hawaii
It can be harder to determine fault in a side-impact or T-bone accident. Traffic cameras and witness testimony are critical to figuring out which car had the right-of-way when the crash happened at an intersection.
When a side-impact collision happens because a car pulled out from a driveway or parking lot entrance, the car pulling out is likely at fault. The vehicle already traveling on the main roadway usually has the right of way.
Running a red light or stop sign:
A driver must obey any traffic control devices applicable to the driver, unless directed by a traffic or police officer.
Yieldingat an intersection:
When two (2) drivers approach an intersection at approximately the same time the driver on the left must yield to the driver in the right.
Drivers turning left must yield:
A driver who intends to turn left at an intersection, or into an alley, private road or driveway must yield the right of way to drivers approaching from the opposite direction.
Drivers entering a roadway must yield:
A driver about to enter or cross a roadway from any place other than another roadway must yield the right of way to all other drivers and cyclists on the roadway to be crossed.
Case Example: Fatal T-Bone Accident
Honolulu police are investigating a fatal two-vehicle collision that occurred near Kunia Road and Kunia Drive. Speed may have been a factor in the early morning crash.
Preliminary reports indicate a 57-year-old man driving a Toyota pickup truck was making a left turn from Kunia Drive onto Kunia Road when he was T-boned by a Jaguar sedan that was heading southbound on Kunia Road.
The pickup driver died at the scene. A 51-year-old woman passenger in the pickup was seriously injured, as was the 20-year-old driver of the Jaguar.
Fault for Head-On Collisions in Hawaii
Head-on collisions are often deadly and will be carefully investigated by police. Drivers who drive left of center, or the wrong way on a one-way street are liable for serious injuries and death caused by a head-on collision.
Police will investigate the final position of the vehicles, skid marks, debris in the road, and other indicators to determine fault. Witness testimony will be considered, including the testimony of crash survivors.
Sometimes drivers drift left of center because of distraction, intoxication, or falling asleep behind the wheel. Speeding and aggressive driving may be a factor, especially when the at-fault driver was trying to pass another car.
Hawaii drivers must stay in the right lane:
Drivers must drive in the right lane of roadways with the following exceptions:
- When passing another driver in the same direction
- When there is an obstruction in the right lane
- Upon a roadway restricted to one way traffic
Hawaii rules on passing to the left:
Drivers may drive to the left side of the center of the roadway in overtaking and passing another vehicle only if the left side is clearly visible and the overtaking vehicle can return to its lane without coming within two hundred feet of oncoming traffic.
Case Example: Fatal Crash on Oahu’s North Shore
A 19-year-old driver was arrested and charged with second-degree negligent homicide and first-degree negligent injury after a fatal head-on collision on Kamehameha Highway near Ashley Road in the Haleiwa area.
The 19-year-old was traveling westbound when he crossed the center line and crashed head-on into a vehicle occupied by a 65-year-old man and his 63-year-old female passenger. The 65-year old man died at the scene. The woman was transported to the hospital in serious condition.
Speed appears to be a factor in the crash, with other factors under investigation.
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