The 51% Rule: How Comparative Negligence Affects Your Honolulu Car Accident Claim
One of the most common questions after a car accident in Hawaii is, “What if I was partially at fault?” Unlike some states where any contribution to the accident bars you from recovery, Hawaii operates under a “modified comparative negligence” law, also known as the “51% rule.” Understanding this rule is essential for anyone dealing with an auto injury in Honolulu. This legal principle can be the deciding factor in whether you receive compensation and how much.
Understanding Modified Comparative Negligence
The modified comparative negligence rule states that an injured party can recover damages as long as their share of fault for the accident is not greater than the combined fault of all other parties involved. In other words, if you are found to be 50% or less at fault, you can still collect compensation. If your fault is determined to be 51% or more, you are barred from recovering any damages.
Here’s how it works in a typical Honolulu auto wreck scenario:
- Example 1: You are in a car accident on the Pali Highway. The other driver ran a red light, but you were speeding. A jury determines the other driver is 80% at fault, and you are 20% at fault. Your total damages—including medical bills, lost wages, and pain and suffering—are valued at $100,000. Because your fault (20%) is less than 51%, you can still recover damages. Your total award will be reduced by your percentage of fault. In this case, you would receive $80,000 ($100,000 – 20%).
- Example 2: In another scenario, you are found to be 60% at fault for the crash due to an illegal lane change, while the other driver is 40% at fault. Even if your damages are significant, Hawaii’s 51% rule means you cannot recover any compensation from the other driver’s insurance.
This system is designed to provide a fair path to recovery for victims who may have contributed to a crash without being the primary cause. However, it also means that the other party’s insurance company will work hard to increase your percentage of fault to reduce or deny your claim.
How Fault is Determined
Determining fault in a Honolulu auto wreck is a complex process. It is rarely as simple as one person being 100% responsible. Insurance adjusters and courts will consider various factors to assign a percentage of blame.
- Evidence from the Scene: Police reports, witness statements, photographs, and video evidence (like dashcam footage) are used to reconstruct the accident.
- Traffic Laws: A violation of a traffic law, such as speeding, running a red light, or illegal turning, is a major factor in determining fault.
- Driver Conduct: Actions like distracted driving, driving under the influence (DUI), or aggressive driving will be weighed heavily.
- Expert Analysis: In complex cases, an accident reconstruction expert may be hired to analyze the physical evidence and determine how the crash occurred.
Why You Need a Honolulu Car Accident Lawyer
Navigating the complexities of Hawaii’s modified comparative negligence law can be overwhelming, especially when you are recovering from an auto injury in Honolulu. This is where an experienced Honolulu car accident lawyer becomes essential.
An attorney will:
- Gather Evidence: They will meticulously collect and analyze evidence to build a strong case that proves the other driver’s negligence and minimizes your percentage of fault.
- Negotiate with Insurers: Insurance companies will often try to pin more blame on you. Your lawyer will act as your advocate, challenging any unfair fault assessments and negotiating for a fair settlement.
- Protect Your Rights: They will ensure you do not inadvertently say or do anything that could be used against you, such as admitting fault in a conversation.
By hiring a skilled Honolulu auto wreck attorney, you are not just getting legal representation; you are securing an expert who understands the nuances of Hawaii law and who will fight to protect your right to compensation.