Moped and Pedestrian Accidents in Hawaii
Accident Lawyer William H. Lawson
Historically, visitors to Hawaii often choose to ride a moped or to walk as a pedestrian in order to get around. The favorable weather and the desire to be close to nature both draw people toward these two vulnerable ways to mingle with traffic. A May 2014 article by Hawaii Civil Beat called: “Why Is It So Dangerous for Pedestrians in Hawaii?” examined the risks for pedestrians in Hawaii and confirms that there are more fatal pedestrian accidents in Hawai’i per capita than in any other state.
Hiring a Moped or Pedestrian Accident Attorney in Hawaii
If you have been seriously injured in a moped or pedestrian accident in Hawaii you should consider getting the advice of an experienced motor vehicle accident attorney in Hawaii right away! Here at Personal Injury Lawyer Honolulu we have been representing the victims of serious injuries and wrongful death resulting from moped accidents, pedestrian accidents, truck accidents, bus accidents and other motor vehicle accidents for over 30 years. For some considerations in finding the right car accident lawyer in Hawaii to assist you, please examine:
Moped and Pedestrian Accidents- minimum insurance coverages when a Motor Vehicle is involved
Hawaii is a “no fault” state. As a result, in Hawaii all drivers of motor vehicles are required by law to maintain minimum insurance coverages applicable to their vehicle under Hawaii law. As of the writing of this website, mopeds were not generally required to carry minimum insurance coverages. However, most larger motor vehicles are required to do so.
Hence, at present whether you are on a moped or you are a pedestrian, if you are injured in a motor vehicle accident with a car, truck, bus, motorcycle or other larger vehicle, there are generally supposed to be minimum coverages on the other vehicle and these minimums are supposed to be available to help to protect you from your losses. These minimums sometimes differ – depending upon the particular vehicle involved. The requirements under Hawaii law are further discussed here:
No Fault (PIP) coverage is a basic medical coverage which provides payment for medical expenses (up to the stated policy limit) arising out of a motor vehicle accident. The description of No Fault (PIP) coverage is found on the following webpage:
Deadlines to file Moped or Pedestrian Accident claims in Hawaii
The deadline for filing a lawsuit in court in Hawaii to make claims for injuries arising out of a motor vehicle accident is generally two years from the date of the accident. It should be noted, however, that there are exceptions to this rule. For some claims the deadline is extended by statute to two years from the date of the last no fault, worker’s compensation or public assistance benefit payment related to the accident, if such payments are made. You must file your claims in court prior to the expiration of such deadlines, or your claims may be lost—regardless of their merit. To be wise it is recommended that you immediately contact an attorney after an accident giving rise to injuries occurs. Please do not hesitate to :
Contact Car Accident Lawyer Hawaii now for a free evaluation of your case.
General information about Moped or Pedestrian Accident claims in Hawaii
If you have suffered injuries or loss as the result of a moped or pedestrian accident in Hawaii, you will probably want to obtain and fill out a No Fault (Personal Injury Protection) benefits application form from the insurance company for the motor vehicle involved in your collision (if there is one). This would typically be the motor vehicle that impacted you if you were a pedestrian or on a moped or bicycle. No Fault (PIP) usually provides medical coverage for injuries arising out of the use, maintenance or operation of a motor vehicle in Hawaii and it may also provide various other coverages (wage loss, substitute services, funeral benefits, etc.)
In Hawaii at present you generally must have at least a certain amount in medical expenses actually paid by the No Fault (PIP) insurer – $5,000 (1/1/98 on) – before you can recover for pain, suffering, mental anguish, loss of enjoyment of life, wage loss in excess of that paid by No Fault (PIP) and various other losses caused by a motor vehicle accident. However, there are also a few other situations in which recovery for these additional losses may be possible. These situations include (1) accidents arising out of conduct for which punitive damages could be awarded, (2) accidents resulting in death, (3) accidents causing permanent loss of use of a part or function of the body, (4) accidents giving rise to permanent serious disfigurement which causes mental suffering, and (5) accidents in which the No Fault (PIP) benefits are exhausted and a few other situations.
There is much to discuss and many reasons to obtain qualified legal counsel for almost every major motor vehicle accident.