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Home / Truck Accident Attorney / Hawaii

Hawaii Truck Accident Attorney

State-specific legal information for truck accident cases in Hawaii. Find attorneys who understand Hawaii law, statute of limitations, and fault rules.

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How Hawaii Compares: Truck Accident Statistics & Legal Impact

Hawaii vs. National Average

Comparing truck accident statistics

Source: FMCSA Large Truck and Bus Crash Facts 2022

Fault System Impact

Example: If you're 30% at fault

Under Hawaii's System:

You can recover 70% of damages since your fault is below the 51% threshold.

Statute of Limitations

2 years

Personal injury claims

Wrongful death: 2 years

Fault System

Modified Comparative 51

Hawaii follows modified comparative negligence with a 51% bar. You cannot recover if you are 51% or ...

Damage Caps

No Caps

Hawaii does not cap compensatory damages in personal injury cases. There are no ...

Settlement Calculator

Estimate your potential case value for Hawaii

$50,000

Past and future medical costs

$25,000

Lost income and earning capacity

3x

Based on injury severity (1 = minor, 5 = catastrophic)

0%

Hawaii uses modified comparative 51 negligence system, your 0% fault may prevent recovery. Consult an attorney immediately to review your options.

Economic Damages:$75,000
Non-Economic Damages:$150,000
Total Before Fault Adjustment:$225,000
Estimated Settlement Range:

$135,000 - $225,000

Actual settlements vary based on evidence, defendant conduct, and case-specific factors

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Hawaii Statute of Limitations

Personal Injury Claims

2 years

From the date of the accident to file a lawsuit. Missing this deadline bars your claim permanently.

Wrongful Death Claims

2 years

From the date of death to file a wrongful death lawsuit. Family members must act quickly.

Legal citation: Haw. Rev. Stat. § 657-7

Don't Wait Until the Deadline

Even though you have 2 years, trucking companies can legally destroy ELD data and logs after 6 months. Contact an attorney immediately to preserve evidence. Read more about statute of limitations exceptions.

Hawaii Fault System

Modified Comparative 51

Hawaii follows modified comparative negligence with a 51% bar. You cannot recover if you are 51% or more at fault. If 50% or less at fault, your recovery is reduced by your fault percentage.

What This Means for Your Case

Under Hawaii's modified comparative negligence rule, insurance companies will fight to assign you enough fault to bar recovery. Your attorney must effectively prove the truck driver's greater responsibility for the accident.

Legal citation: Haw. Rev. Stat. § 663-31

Hawaii Damage Caps

No Damage Caps

Hawaii does not cap compensatory damages in personal injury cases. There are no limits on economic or non-economic damages. However, Hawaii's no-fault auto insurance system has specific requirements.

High-Risk Truck Routes in Hawaii

Major highways with elevated truck accident rates

H-1 Interstate (Oahu)

Main highway on Oahu connecting Honolulu with heavy commercial traffic in urban corridor.

Hawaii Belt Road (Big Island)

Circumnavigates the Big Island with truck traffic serving agriculture and construction.

Honoapiilani Highway (Maui)

Main route on Maui with challenging terrain and commercial vehicle traffic.

Safety Tip: If you were injured on one of these high-risk routes, evidence preservation is critical. Dashboard cameras, witness statements, and electronic logging device (ELD) data can prove negligence.

Frequently Asked Questions: Hawaii Truck Accident Law

Hawaii provides 2 years from the date of the accident to file a personal injury lawsuit. Wrongful death claims also have a 2-year deadline. Given Hawaii's unique island geography and potentially limited legal resources on some islands, early consultation with an attorney is advisable.

Hawaii uses modified comparative negligence with a 51% bar. If you are found 51% or more at fault, you cannot recover any damages. If you are 50% or less at fault, your damages are reduced by your percentage of fault. This requires demonstrating the trucker was primarily responsible.

No, Hawaii does not cap compensatory damages in personal injury cases. You can recover full compensation for medical expenses, lost wages, pain and suffering, and other losses. Hawaii's no-fault insurance system may affect initial claims but does not limit lawsuit damages.

Hawaii truck accident settlements typically range from $100,000 to over $1 million depending on injury severity. The state's high cost of living means economic damages (medical bills, lost wages) tend to be higher. Limited trucking operations means fewer cases, but those that occur can be significant.

Most Hawaii truck accident cases settle within 12-24 months. Hawaii's court system handles fewer cases than mainland states, which can expedite proceedings. However, the geographic isolation may affect expert witness availability and discovery timelines.

Call 911 immediately, seek medical attention, document the accident scene with photos including the truck's company name and any identifying information, gather witness contacts, and contact a truck accident attorney. Hawaii's no-fault insurance system has specific requirements, so early legal guidance is important.

Hawaii's island geography limits but does not eliminate trucking operations. Commercial trucks serve construction, agriculture, and distribution on each island. Narrow roads, mountainous terrain, and tropical weather create unique hazards. Most trucks are confined to single islands, affecting how accidents are investigated.

Hawaii's unique no-fault insurance system, island-specific trucking operations, and high cost of living require an attorney familiar with local conditions. An experienced Hawaii truck accident lawyer can navigate the state's insurance requirements, work with local experts, and maximize recovery in a state without damage caps.

Learn More About Truck Accident Cases

Complete Truck Accident Lawyer Guide

Everything you need to know about hiring an attorney and what to expect

Truck Accident Settlements

Average payouts and factors affecting case value

How to File a Lawsuit

Step-by-step legal process explained

Truck Accident Statistics

State-by-state data and trends

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