Addressing Legal Matters in Pedestrian Accidents
There are few better places in the world to go than Maui, Hawaii. It’s known as a paradise for a reason – with gorgeous weather year-round, amazing scenery, and so many incredible things to do.
But even in paradise, accidents can and do happen. Each year, an average of 66 pedestrians are hit by cars in Maui. If you are hurt in a Maui pedestrian accident, you may be able to file a personal injury lawsuit to recover money for your medical expenses, lost wages, pain, and suffering, and other losses.
At Menzer Law, we advocate for injury victims throughout Maui County. We offer free initial consultations, and never charge a fee unless we recover money for you.
How Common Are Pedestrian Accidents in Maui?
According to data from Vision Zero, a project of the Maui Metropolitan Planning Organization, there are more than 100 traffic accidents involving pedestrians and bicyclists each year. 65% of these are pedestrian accidents. They most often occur in Kahului, and popular tourist destinations such as Wailea/Kīhei, and Lāhaina.
On average, there are 66 pedestrian collisions in Maui each year, leading to an average of 4 fatalities per year. 17% of all reported accidents between 2010 and 2017 resulted in severe or fatal injuries.
In Central Maui, pedestrian accidents frequently happen in large intersections with “slip lanes,” which are turns that allow a vehicle to make a right turn without stopping. These slip lanes were designed to speed up traffic but may result in increased numbers of motor vehicle accidents. Some of the most dangerous locations for intersection accidents with slip lanes include:
- Wai’ehu Beach Road/Eha Street by the shopping area;
- Wai’ehu Beach Road/Kahului Beach Road;
- Access points to the University of Hawai’i – Maui;
- Maui Memorial Medical Center; and
- Wakea Avenue/Ka’ahumanu Avenue near the Queen Ka’ahumanu Center.
Accidents involving cars, trucks, and SUVs also are known to occur in parking lots or near driveways, including at Costco, Walmart, Maui Memorial Medical Center, Queen Ka’ahumanu Center, Maui Mall, Safeway, Maui Marketplace, and the shopping strip along Pu’unene Avenue
In South Maui, by contrast, pedestrian accidents most often occur near the beach, including at places with slip lanes – such as access points to Pi’ilani Highway – and where lots of pedestrians congregate. For example, Kīhei Road adjacent to Kalama Beach Park is a known hotspot for pedestrian accidents.
In West Maui, the historic center in Lāhaina Town has one of the highest densities of pedestrian accidents in Maui due to the high number of people walking there. As in Central Maui, shopping centers and slip lanes – such as where Keawe Street joins Honoapi’ilani Highway – are frequent sites of pedestrian accidents.
Upcountry Maui has a relatively lower number of automobile accidents that involve pedestrians and bicyclists. This is likely due to the fact that this area is more rural, and has fewer walkers and bicyclists. Places with higher numbers of tourists – like Pā’ia and Makawao Town – tend to have increased pedestrian accidents. Finally, East Maui has the least number of crashes, likely because of the smaller population numbers and the limited biking and walking along Hana Highway.
Most of these pedestrian accidents – 59% – result in non-serious injuries. However, 15% of all pedestrians and bicyclists hurt in these types of crashes suffer life-threatening injuries. Typical serious pedestrian crash injuries may include:
- Broken bones
- Sprains or strains
- Contusions
- Torn ligaments
- Neck injuries
- Internal organ damage
- Spinal cord injuries and/or paralysis
- Traumatic brain injury (TBI)
A pedestrian who is hurt after being hit by a car in Maui County may be able to claim with the insurance company for the at-fault driver, and if necessary a lawsuit their injuries and damages. If your loved one died as a result of a pedestrian accident, our team of personal injury lawyers can help you file a wrongful death claim against the at-fault driver.
Can I Sue the Driver?
If you have been injured in a pedestrian accident, then you may be able to file a personal injury claim against the driver who hit you. The responsible motorist can be held financially liable for all of your losses, including medical bills, lost wages, reduced earning capacity, future medical treatment, emotional distress, pain and suffering, and more. If the driver acted intentionally or recklessly – such as a drunk driver – then you may even be entitled to punitive damages.
Our skilled and experienced pedestrian accident attorneys in Maui, Hawaii can help you get the money that you deserve for your injuries. The process will start with a free initial consultation with your story and advise you about your options for pursuing a claim.
Most personal injury cases are based on a theory of negligence, which is the failure to use the level of care that a reasonable person would use in a similar situation. If the driver who hit you was negligent in some way, such as by running a stop sign or speeding, then you can seek financial compensation from them or their insurance company.
Most pedestrian accident claims are settled through negotiation with the insurance carrier. However, if the at-fault driver’s insurer refuses to offer you a fair settlement, then your attorney may advise you that the best course of action is to file a personal injury lawsuit. Under Hawaii’s statute of limitations for personal injury claims, you will typically have 2 years from the date of the accident to file a lawsuit.
What Should I Do If I Am Involved in a Pedestrian Accident?
If you have been hit by a car in Maui, the first and most important thing that you should do is seek medical attention. If you are able to do so, you can also get the name and contact information of the driver and any witnesses. Otherwise, we can find that information in a police report.
If you can, try to take photos and/or videos of the accident scene. You can also make notes of what happened when you are able to do so. Finally, reach out to the Menzer Law to schedule a free consultation with a personal injury attorney about your claim.
What If I Was Partially at Fault for the Pedestrian Accident?
Even if you were somewhat to blame for the accident, you will likely still be able to recover financial compensation for your losses. Hawaii follows a modified comparative negligence rule, which means that as long as you were 50% or less at fault, you can still seek money from the at-fault driver. Your total recovery will be reduced by the percentage that you were at fault.
Although it is rare, there are situations where a pedestrian may be partially to blame for a collision, such as crossing the street outside of the crosswalk or not paying attention when stepping out onto the road. A skilled pedestrian accident attorney in Maui, Hawaii can advocate for your right to full compensation. Contact the Menzer Law today to learn more.
How Much Is My Maui Pedestrian Accident Claim Worth?
The value of your pedestrian accident case depends on factors such as the severity of your injuries, the limits of the driver’s insurance policy, and whether your injuries are permanent. For example, if you suffered a broken arm after being hit by a car, then your case will probably be worth less than a person who suffered a head injury and is permanently disabled as a result.
The best way to get top dollar for your Maui pedestrian accident is by working with an experienced personal injury attorney who will fight for your right to full compensation. Reach out to the Menzer Law today to schedule a free consultation with a member of our team.
How We Can Help
After being hit by a car while walking, jogging, or running in Maui, you may not know what to do next. Our law office is here for you.
Menzer Law advocates for the rights of accident victims throughout Maui. We offer free initial consultations and handle all personal injury claims on a contingency fee basis. To learn more or to schedule an appointment with a Maui pedestrian accident attorney, give us a call at 808.446.7374 or fill out our online contact form.
