Riding on the back of a motorcycle can be thrilling but also dangerous if the driver rides recklessly. In Hawaii, around 30 motorcyclists die in crashes each year. If you’re a pillion passenger injured in an accident caused by your driver’s negligence, you have legal rights to seek compensation. This article explains how to hold reckless motorcyclists accountable in Hawaii.
Proving Liability
To win your injury claim after a motorcycle accident in Hawaii, you must prove:
- Duty of care – The motorcyclist owed you a duty of care to drive safely. This duty exists for all drivers on public roads.
- Breach of duty – The motorcyclist breached their duty of care through reckless riding. This could include speeding, ignoring traffic signals, improper passing, lack of control, etc.
- Causation – The motorcyclist’s reckless actions directly caused the accident and your injuries.
- Damages – You suffered measurable losses and damages due to your injuries, such as medical bills, lost income, pain and suffering, etc.
Hawaii is a comparative negligence state, meaning you can recover damages even if you were partially at fault. But your compensation is reduced by your percentage of fault.
Evidence Gathering
Strong evidence is crucial to prove the motorcyclist’s liability in an accident. Try to gather:
- Accident reports – Police reports often indicate contributing factors and fault determinations.
- Eyewitness statements – Accounts from eyewitnesses can help establish reckless behavior by the motorcyclist.
- Video footage – CCTV or dashcam footage proving reckless riding can strengthen your claim.
- Photographs – Pictures of the accident scene, vehicles, injuries, etc. preserve important details.
- Medical records – Your doctor, hospital and therapy reports document your injuries and treatment.
- Receipts and bills – Collect receipts for medical costs, property damage, lost wages, etc. to quantify your losses.
- Insurance documents – The motorcyclist’s insurance information assists with recovering compensation.
Additionally, you may need to hire expert witnesses like accident reconstruction specialists who can analyze evidence and provide opinions on factors like speed and liability. Their testimonies can be critical for getting fair compensation.
Gathering evidence is something your lawyer will do on your behalf, which is why it is important to consult us if you have been injured in a motorcycle accident as a pillion passenger.
Filing a Lawsuit
In Hawaii, the statute of limitations for injury claims is two years from the date of accident. To start a lawsuit against a reckless motorcyclist:
- Consult an attorney – An experienced personal injury lawyer can handle your case. Most work on a contingency fee basis.
- Send a demand letter – Have your lawyer send a demand letter detailing your claim and seeking a settlement.
- File complaint – If negotiations fail, your attorney can file a civil complaint in Hawaii state court against the motorcyclist.
- Litigation – During litigation, more evidence is gathered through interrogatories, depositions and subpoenas. Your lawyer works towards the best settlement or court award.
- Collect judgment – If you win in court, the motorcyclist must pay per the judgment. Your lawyer can assist in collecting this money.
If the reckless driver has no insurance or assets, you may be able to claim damages from your own uninsured or underinsured motorist coverage.
Seeking Damages
As the injured pillion passenger, the types of damages you can seek include:
- Past and future medical expenses – Bills for hospitalization, surgery, medication, physical therapy, rehabilitation, etc.
- Lost income – Wages lost due to missing work during recovery from the accident.
- Loss of future earnings – If your injuries are permanent, such as a spinal cord injury or TBI, and impact your career.
- Pain and suffering – Compensation for physical pain and mental anguish.
- Disfigurement – For scarring, disfigurement, or loss of limb.
- Wrongful death damages – Compensation for loved ones if the accident was fatal.
- Punitive damages – Extra damages to punish gross negligence.
Daniel T. Pagliarini can hire experts to assess the value of the damages, including economists for calculating lost income.
Consult us today to ensure you receive full and fair compensation in your motorcycle accident claim. Riding recklessly puts lives at risk and motorcycle drivers must be held accountable. Pursuing legal action creates incentives for safer driving. Don’t hesitate to exercise your legal rights if you are injured as a passenger due to a reckless motorcyclist in Hawaii. With the right evidence and legal help from Daniel T. Pagliarini, you can seek the justice you deserve.
Visit our office at 700 Bishop St, Ste 2100, Honolulu, HI, 96813.
Or call us today for a free consultation on (808) 745-1592.