Handling Cases Of Driver Negligence In Hawaii
When pedestrians are struck by motor vehicles the results are usually catastrophic. According to the National Highway Traffic Safety Association, about 5,000 pedestrians are killed and 100,000 injured each year in accidents involving motor vehicles.
While a small percentage of pedestrian accidents are caused by drivers intentionally striking pedestrians, most are due to driver negligence including:
Speeding
Drunk driving
Distracted drivers
Disobeying traffic signs or signals
Failure to observe crosswalks
Failure to use turn signals
Failure to use appropriate caution in bad weather
Failure to use extra care in areas where children are known to be present
Hawaii Pedestrian Law: Finding Fault In Pedestrian Accidents
In some cases, the accident is the fault of both the driver and the pedestrian. This does not mean that the pedestrian is not entitled to compensation, but can mean that the compensation is reduced according to the amount of responsibility the pedestrian had in the accident. A drunk or speeding driver who strikes a pedestrian crossing in an inappropriate manner, such as outside of a crosswalk, would still be responsible for a portion of the injuries.
Common pedestrian actions which can constitute fault or partial fault include:
Crossing under the “don’t walk” signal
Crossing the street outside of crosswalks
Entering a moving stream of traffic
Suddenly rushing out into the road
As with any type of accident, there are certain things that you should do if you are involved in a pedestrian accident, including:
Report the accident to law enforcement
Get contact information from everyone involved and any witnesses
Get statements from witnesses
Seek medical attention even if you do not think you are injured, as you may be in shock or have injuries that you are not aware of
Take photos of the accident scene and any injuries
Do not admit guilt
Write down everything that happened and everything that you remember about the accident as soon as possible, before your memory fades
Keep all receipts for any expenses related to the accident, including medical bills
Keep a journal of how the accident affects your everyday life including any physical and emotional pain or limitations
If your job is affected, by causing you to miss time at work, change duties, or even lose your job, keep a record of this as well, including all lost income
Speak to an experienced pedestrian accident attorney right away
Seek Compensation With Help From A Skilled Personal Injury Lawyer
After an accident, you will have a limited amount of time to pursue any personal injury claim. Pedestrian accidents often involve a great deal of pain, suffering and medical expense. Pedestrian accidents often result in death and loved ones may be entitled to compensation in these cases.
If you or a loved one has been involved in a pedestrian accident, contact our office right away and schedule a free consultation with Attorney Daniel Pagliarini, an experienced Honolulu pedestrian accident attorney, to evaluate your claim.
If you were injured in a vehicle vs. pedestrian, contact Attorney Pagliarini, a Hawaii pedestrian accident lawyer today. Hi is well-versed in Hawaii pedestrian law and is ready to represent you. Schedule a free consultation today.