Many motorcyclists hesitate to pursue a claim after an accident because they believe any mistake on their part automatically disqualifies them from compensation. In Hawaii, that is not true. Even if you were partially at fault for a motorcycle accident, you may still be legally entitled to recover damages.
Understanding how fault works under Hawaii law is critical, especially because insurance companies frequently try to exaggerate a rider’s responsibility to reduce payouts.
How Comparative Negligence Works in Hawaii
Hawaii follows a modified comparative negligence system. Under this rule, an injured person can recover compensation as long as they are not more than 50 percent at fault for the accident.
Your compensation is reduced by your percentage of fault, but it is not eliminated unless your fault exceeds the legal threshold.
Realistic Examples of Shared Fault in Motorcycle Accidents
- A driver makes an unsafe left turn, but the rider may have been slightly over the speed limit
- A vehicle changes lanes without checking mirrors, but the rider was lane-positioning defensively
- A car claims it did not see the motorcycle in heavy traffic
These situations are common in Honolulu traffic and do not automatically bar recovery.
Why Motorcyclists Are Often Blamed
Insurance companies frequently rely on unfair stereotypes about motorcyclists. They may argue that riders are reckless, speeding, or weaving through traffic, even when evidence does not support those claims.
This is why early investigation matters. Skid marks, vehicle damage, witness statements, and traffic camera footage can all help counter biased assumptions.
How Fault Percentage Impacts Compensation
If you are found 20 percent at fault, your total compensation is reduced by 20 percent. If you are found 51 percent at fault, you recover nothing.
Because fault percentages have such a direct impact on outcomes, these cases are often heavily disputed.
Steps You Can Take to Protect Yourself From Unfair Fault Claims
Document the crash thoroughly
Photos of the scene, vehicle positions, and road conditions can help establish what actually happened.
Seek immediate medical care
Medical records connect injuries directly to the accident and prevent insurers from arguing delays.
Avoid recorded statements
Statements made without legal guidance can be taken out of context.
Speak with a Honolulu motorcycle accident lawyer early
Early legal involvement helps shape the narrative before insurers do.
How Potts & Potts Handles Shared Fault Motorcycle Cases
Potts & Potts approaches shared fault cases with careful analysis and detailed preparation. The firm focuses on evidence, not assumptions, and challenges insurance tactics designed to unfairly shift blame.
Client experiences can be found on the testimonials page, and you can learn more about Trevor Potts and the firm’s hands-on approach.
For general information about Hawaii negligence law, the Hawaii State Judiciary provides public resources.
Why Legal Guidance Matters When Fault Is Disputed
Shared fault cases are rarely straightforward. They require accident reconstruction, witness coordination, and strategic presentation of facts.
If you were injured while riding, a Honolulu motorcycle accident lawyer can help you understand how fault may affect your specific situation.