In Hawaii, pedestrians could sustain serious injuries or die as a result of an accident involving a motor vehicle. The fault in these accidents is determined by local traffic laws and the individuals involved. A pedestrian accident lawyer in Hawaii can provide answers to commonly asked questions about these cases.
Can Comparative Fault Apply in a Pedestrian Accident?
Yes, comparative fault indicates that the victim could be deemed at fault in the accident as well as the defendant. Typically, this ruling applies if the victim committed a moving violation. However, pedestrians who don’t use a crosswalk when it is available could also face this ruling.
Does a Driver Have to Provide a Duty for Pedestrians?
Yes, all drivers despite whether or not the pedestrian is jaywalking must provide a duty to any pedestrians who are on the street or nearby roadways. If the driver doesn’t stop to allow the pedestrian to continue crossing the road, they have failed to provide the pedestrian with an adequate duty. Under these circumstances, the driver could face civil litigation for their choices if an injury occurs.
Could Drivers Face a Higher Penalty When Children Are Involved in the Accident?
Yes, the drivers must proceed with more caution if children are present in the roadways. Since the actions of children cannot be predicted, the driver must remain cautious until the child is safely on the sidewalk. They can face higher penalties if the child is injured or killed because the driver failed to stop.
What Are Common Conditions That Lead to Accidents That Involve Pedestrians?
The most common conditions leading to an accident involving a pedestrian are speeding or not paying attention when driving. Texting and driving could lead to these accidents as well since the driver is looking at their cell phone instead of the road.
In Hawaii, pedestrians and drivers must follow all traffic laws to lower the potential for an accident involving pedestrians. The circumstances that could lead to these accidents could include, but are not limited to, inattentive driving or other traffic violations. Victims who need to speak to a pedestrian accident lawyer in Hawaii can visit Autoaccidentattorneyhonolulu.com for more information now.
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