When someone has been injured by a vehicle while walking along or across a street, it may seem like this should be an open-and-shut case. Doesn’t the pedestrian always have the right of way? Aren’t vehicle drivers required to be careful enough not to hit someone crossing the street? Unfortunately, it’s not always that simple. Pedestrian accident lawyers in Honolulu may be able to help when the injured person’s claim is being denied by the driver’s insurance company. Even if the claim has not been denied outright, the settlement offer may seem way too low considering what happened.
No-Fault Rules Do Not Apply
Hawaii is a no-fault state in regard to car accidents. That means that no matter which driver was at fault, each respective insurance company will pay for vehicle repair and replacement, medical expenses, lost wages and other relevant factors. The situation becomes more complicated when a person is injured as a pedestrian. Their automotive insurance is not liable because this individual was on foot.
Dangerous Moves by Pedestrians
Pedestrian accident lawyers in Honolulu will need evidence that the driver was negligent. Hawaii law requires drivers to stop for pedestrians in crosswalks, but sometimes people on foot make that difficult. They may cross the street when the walk/don’t walk indicator signals them to wait because the light is red or about to turn red. The law specifically states that pedestrians facing a yellow light are not to attempt crossing the intersection.
Pedestrians also sometimes try to dart across a busy four-lane street without waiting for traffic to stop. Even if they technically have the right of way, this is a dangerous move. If law enforcement officials did not cite the driver, a lawyer from a firm such as Yoshida & Associates may be able to obtain security camera footage verifying that the pedestrian was not at fault or indicating that the driver was distracted.
In some instances, the pedestrian simply has to move slowly and cannot get all the way across before the light changes. Some individuals are disabled, for example. People who need assistance because they were hit by a vehicle while walking may visit Autoaccidentattorneyhonolulu.com.
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