Honolulu, Hawai‘i

Honolulu Auto Accident Attorney

Honolulu Car Accident Lawyer

While Hawai‘i is known for its paradise appeal, residents and visitors here are not immune to car accidents, just like anywhere else in the country. Even minor fender benders can be a hassle to handle, but more severe accidents often bring serious consequences that can impact your well-being, property, and future. Personal Injury Attorney Dennis W. Potts, with over 50 years of experience, understands how challenging this time can be for you and your family. If you or a loved one has been involved in a car accident, our experienced Honolulu Car Accident Lawyer is here to help.

CAR ACCIDENT STATISTICS

The Association for Safe International Road Travel reports that around 1.3 million people die in car accidents each year, averaging 3,287 fatalities daily. Of these, about 100 people were killed in Hawai‘i in 2014, reflecting roughly 7 deaths per 100,000 residents. While this is lower than many other states, it is still not as low as states like New York. This figure also marks a notable decrease from the previous annual average of 135 car accident deaths in earlier years.

Of these fatalities, nearly half of all car accident deaths in Honolulu involved alcohol. Over recent years, Hawai‘i has closely reviewed crash statistics and introduced numerous local policies and laws aimed at reducing accidents. Despite the dedicated efforts of law enforcement, however, car accidents remain inevitable. Victims of serious car accidents still have the right to seek compensation for damages in qualifying situations.

CAUSES OF CAR ACCIDENTS IN Hawai‘i

Through various comprehensive studies, Honolulu has identified the leading causes of car accidents across the state, which include:

  • Intoxicated drivers
  • Speeding
  • Distracted driving

As a result of these studies, Honolulu took immediate action to reduce roadway accidents by implementing laws and policies designed to increase traffic citations or criminal charges for negligent driving behavior.

In 2012, Honolulu reported significant efforts to reduce serious injuries and fatalities caused by intoxicated drivers. The city introduced a “52/12” enforcement program, which includes one sobriety checkpoint per week throughout the year to deter impaired driving. During the program’s implementation, 600 checkpoints across the city led to 450 arrests.

The number of arrests for intoxicated driving nearly doubled between 2008 and 2011 in an effort to reduce serious accidents on the roads. Annual statistics show that these efforts have had a significant impact across the state, reducing total fatalities by about 20%.

The state has launched campaigns targeting distracted driving, another major cause of car accidents. With the widespread use of cell phones and the rise of social media, driver behavior has shifted significantly. Many drivers rely on Google Maps, while others persist in texting or posting on social media while driving. This form of distraction poses serious risks to both drivers and others on the road. Studies now suggest distracted driving is even more dangerous than drunk driving, as seen in recent crash data. In 2012 alone, police departments issued nearly 5,000 citations for using handheld devices while operating a vehicle.

Another major cause of car accidents across the state is speeding. The Honolulu Department of Transportation has taken significant steps to reduce speed-related accidents and fatalities by issuing increased traffic citations to speeders.

Despite the dedicated efforts of law enforcement over the past decade, car accidents continue to happen throughout the state, often with lasting impacts on victims and their families. Many accidents involve tourists, disrupting what should have been a relaxing vacation away from the mainland. Unfortunately, tourist accident victims may spend months or even years dealing with insurance claims and personal injury cases. It's crucial to consult with a trusted personal injury attorney experienced in Honolulu personal injury law after an accident. Pursuing a claim from out of state, especially one across an ocean, can be challenging, but you have the right to seek compensation after a serious accident. Call our Honolulu Personal Injury Lawyer if you have questions.

Meet Attorney Dennis Potts
01

As a resident of Honolulu Hawai'i for over 50 years, Attorney Potts has a great understanding and compassion for the people and culture of Hawai‘i ne. With this experience, he is able to navigate the nuances of the Hawaiian legal community and provide his clients with extraordinary results.

Resident of Hawai‘i for Over 50 Years

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02

Mr. Potts has received millions of dollars in recovery, settlements, and judgments in his clients' favor. Since 2007, he has had a 100% success rate obtaining favorable outcomes for his clients. He knows what it takes to maximize the value of your case.

Millions of Dollars
Recovered for Clients

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03

Attorney Potts can guarantee his clients that their case will be personally handled by him, and not by a junior associate, paralegal, or intern. Clients meet with Attorney Potts personally, and he keeps close communication with them throughout every step of the legal process.

Clients Cases
Personally Handled

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04

With more than 50 years of experience vindicating the rights for victims of injury or property loss, Dennis W. Potts is one of Hawai‘i’s preeminent civil litigators.

50 Years of Experience

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Dennis Potts Honolulu Car Accident Attorney
Never a Fee Unless We Win Your Case

CAR ACCIDENT RECOVERY IN HAWAI‘I

The top priority after a car accident is to seek medical attention for any injuries. While car accidents have various legal implications, none are as critical as ensuring your own treatment. In serious accidents, you may need immediate transport to a hospital and could experience injuries such as:

  • Broken bones
  • Burns
  • Amputation
  • Spinal cord injuries
  • Traumatic brain injuries

Many of these injuries not only demand immediate medical attention, which may extend for months, but also require a complete lifestyle adjustment. The effects of these injuries can force victims to take extended leave from work or even switch careers. In Honolulu HI, where many jobs are in the tourism sector, an inability to walk or lift heavy items can severely impact one’s long-term career prospects in the industry.

CAR ACCIDENT DAMAGES

After a serious accident, numerous expenses start to accumulate for victims. Hospital bills alone for just a few days of care can be overwhelming, depending on the victim’s health insurance coverage. However, the lack of sufficient health insurance should not prevent the victim from pursuing a claim for damages if a severe accident, caused by someone else's negligence, resulted in significant injuries.

When filing a personal injury claim, it’s essential to consider more than just medical expenses, as the impact of the injuries can have lasting effects on both the victim's life and finances. Therefore, a claim for damages after a car accident should be thoughtfully evaluated by the victim and their attorney. Generally, a claim for damages will include both current and anticipated expenses related to the following:

  • Medical care
  • Rehabilitative care
  • Lost wages
  • Future earnings
  • Pain and suffering

As outlined below, Honolulu insurance policies typically cover only medical expenses. However, if your case qualifies for an exception to No-Fault insurance requirements, you may also seek compensation for lost future earnings and the emotional impact of the accident. An experienced attorney will guide you through the personal injury claim process, helping you calculate the full amount of damages you’re entitled to, including projected future earnings.

Call Dennis Potts Law | Experienced Honolulu Car Accident Lawyer

If you or a loved one has been injured in a car accident, reach out to Dennis Potts Law without delay. Dennis Potts is a seasoned Honolulu Car Accident Lawyer dedicated to securing your right to recovery when an accident has disrupted your life. Car accidents affect more than just physical health; they can have lasting effects on your career and future. Navigating Honolulu’s car accident laws can be complex, and Dennis Potts is here to support you during this challenging time, helping assess if your injuries qualify for a claim beyond standard insurance coverage. Contact our Honolulu office today for a free initial consultation.

Comparative Negligence

If it’s determined that a car accident victim in Honolulu can file a claim for damages (such as when medical costs exceed the insurance policy limits), additional considerations related to Honolulu personal injury laws come into play.

Honolulu operates under a modified comparative negligence rule, meaning a victim can recover damages from the responsible party after an accident. However, the recovery amount will be reduced if the victim is found partially at fault. If the victim is deemed more than 51 percent at fault, they lose the right to bring a claim entirely. Any percentage of fault attributed to the victim will proportionally decrease the total damages they would otherwise receive.

For example, if a victim incurs $20,000 in medical bills after a car accident, they can pursue a damages claim, assuming they meet one of the exceptions to the At-Fault insurance restrictions. If they are found to be 10 percent at fault, possibly due to speeding, the damages claim would be reduced by 10 percent. In this case, the victim would receive $18,000 in damages.

The modified comparative negligence rule further prevents a victim from filing a claim if they are determined to be more than 50 percent at fault. It’s crucial to assess accurately how your actions may have contributed to the accident or the extent of your injuries.

No set rules define the exact percentage of fault each party holds; this determination is reached through discussions and negotiations among attorneys, the court, and insurance companies. If your actions during the accident contributed to or worsened your injuries, consult with a Honolulu Car Accident Lawyer promptly to understand how this may impact your claim for damages.

Frequently Asked Questions on Car Accidents

After ensuring everyone's safety, call 911 to report the accident and request police and medical assistance. In Honolulu, you must file a report for any accident that causes injury, death, or property damage over $3,000. Document the scene by taking photos and exchanging information with the other driver. Do not admit fault. Then, seek medical attention and contact an experienced Honolulu car accident lawyer.

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Hawaii is a "no-fault" state, which means your own insurance company (through your Personal Injury Protection, or PIP, benefits) will cover your medical bills and lost wages up to a certain limit, regardless of who was at fault. To file a claim against the at-fault driver for damages like pain and suffering, your injuries must meet a certain threshold, such as medical bills exceeding $5,000 or a serious permanent injury.

In Hawaii, the statute of limitations for most personal injury claims, including those from a car accident, is generally two years from the date of the injury. It is crucial to contact a lawyer as soon as possible to ensure you meet this deadline and do not forfeit your right to seek compensation.

Yes, Hawaii follows a "modified comparative negligence" rule. This means you can still recover damages as long as you are not more than 50% at fault for the accident. The amount of compensation you receive will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total damages will be reduced by 20%.

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The value of a car accident case in Honolulu depends on many factors, including the severity of your injuries, the amount of your medical bills, lost wages, and the impact of the accident on your quality of life. An experienced attorney will assess your case, calculate all potential damages, and negotiate with the insurance company to secure the maximum compensation you deserve.

If you are hit by an uninsured or underinsured driver in Hawaii, you may be able to file a claim against your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This coverage is designed to protect you in situations where the at-fault driver has no insurance or insufficient insurance to cover your damages.

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No. It is highly recommended that you do not provide a recorded statement or sign any documents for the other driver's insurance company without consulting a lawyer first. Insurance adjusters are trained to minimize payouts, and anything you say can be used against your claim. Let your lawyer handle all communication with the insurance companies.

While you may be able to handle a property-damage-only claim on your own, it is wise to consult with a lawyer if you have sustained any injuries, even if they seem minor at first. Injuries from a car accident can have delayed symptoms and long-term consequences. An attorney can ensure your medical expenses are covered and that you receive fair compensation for all your damages.

Most car accident lawyers, including Dennis Potts Law, work on a contingency fee basis. This means you don't pay any legal fees upfront. The attorney's fee is a percentage of the final settlement or verdict they obtain for you. If they don't win your case, you don't owe them a fee.

A local Honolulu attorney has a deep understanding of Hawaii's specific laws, local court procedures, and insurance practices. They are familiar with the unique traffic patterns and road conditions in Honolulu and have established relationships with local medical professionals and experts. This local knowledge is invaluable for building a strong case and navigating the Hawaiian legal system.

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Delayed Diagnosis

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Medical Malpractice case based on delayed diagnosis of of Sinus Cancer resulting in death of claimant.

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I always received professional and outstanding service from beginning to end. I was represented and treated with respect and dignity which resulted in a positive outcome. I would highly recommend with confidence Mr. Potts for legal assistance anytime.

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