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Have you been injured in a Hawaii motorcycle accident? Is your search browser filled with dead ends and confusing legal jargon? Don’t worry, the excerpts at LegalFinders are here to point you in the right direction. With a free consultation, LegalFinders help to connect you with the best Honolulu motorcycle accident lawyers best fit for your personal injury case. With zero wait time, LegalFinders can connect you with a personal injury lawyer who can walk you through every step of the claims process.
There is a certain allure that comes with riding a motorcycle. Whether it’s a sense of freedom or the opportunity for adventure, the appeal is different for everyone. Motorcyclists are significantly overrepresented in accidents and fatalities when it comes to traffic crashes. This is why every motorcyclist deserves someone who’ll have their back every step of the claims process.
In Hawaii, the number of motorcycle accident cases, along with scooters and mopeds continue to be a problem on its roadways. According to the Fatality Analysis Reporting System (FARS) data, reported by the department of transportation, motorcycle fatalities represent nineteen percent of all roadway fatalities for 2019. In 2019, there was a five-year record low at 20 motorcycle, moped, motor scooter deaths in Hawaii.
It’s no surprise the major contributing factors of these motor accidents are speed, impaired riding, lack of licensing, training, and proper riding equipment. Nowadays, some motorcycles have the ability to achieve speeds up to 200 miles per hour, which can make speed enforcement of these types of motorcycles dangerous to all roadway users, thus the county police have a ‘no pursuit’ policy. This is especially the truth on Oahu where population density is high.
Not having the proper riding skills can be a motorcyclist’s deadly mistake. Ensuring that each person gets trained to ride will help them maintain control in many roadway incidents such as negotiating a turn which can cause the rider to drive into a stationary object or be thrown. This is why licensing and motorcycle safety training help to increase the rider’s skills on the road. There are opportunities to educate the rider to make smarter choices such as using a helmet, not riding above their skills level, and not riding impaired.
According to the State of Hawaii Department of Transportation, the majority of traffic deaths consistently occur on Oahu. Along with auto accidents, Oahu also experiences more motorcycle crashes and pedestrian collisions than the state’s other islands per year. Here’s a look at the average motorcycle statistics for the State of Hawaii from 2019:
Don’t be fooled by Hawaii’s beautiful scenery, as this state is known to have some of the most dangerous roads known to man. The cold, wet, and slippery weather in Hawaii, can lead to dangerous road conditions and can cause excessive damage to your car or lead to deadly accidents in a more unfortunate case. Below is a list of the most dangerous roads to stay clear of in Hawaii.
Being a motorcycle accident victim can be a scary experience, leaving you with more questions than answers. To help you, we’ve compiled a list of some of the most frequently asked questions in relation to motorcycle accidents:
It’s of the utmost importance that you call 911 immediately following a motorcycle crash. Once the police arrive on the accident scene, it is their job to document all aspects of the accident and the accident scene and to determine the cause, as well as who is at fault. However, not all motorcycle accidents are caused by another driver. For example, dangerous road conditions could also be a contributing cause of motorcycle accidents.
The next step in the accident process is to seek medical treatment as soon as possible once all documentation is processed and the fault is assessed. More often than not, the police will call an ambulance for any and all motorcyclists or injured car accident victims and take them to the hospital for further evaluation. Still visit the hospital even if you feel like you haven’t sustained any bodily injuries during the motorcycle accident.
A personal injury can be anything from a brain injury to a bruise; they don’t have to be severe to be classified as a personal injury. It’s simply any injury that is sustained in a motorcycle accident or other types of collisions that result in pain and suffering.
It’s important for all injuries to be evaluated by a medical professional. Some people go into shock after an accident and don’t notice their injuries until much later. Certain injuries like whiplash, concussions, and soft tissue injuries can take several hours or even days to make an appearance. Medical treatment after the accident will also prove to the insurance company that your injuries were a direct result of the crash.
Motorcyclists can experience anything from mild to severe injuries in an accident. Some examples of injuries that can happen in a motorcycle accident include:
No, Hawaii is not an at-fault state. This means Hawaii is one of a dozen states that practices the ‘no-fault’ system. What exactly does a no-fault system entail? Each state can set different standards for its ‘no-fault’ system. In Hawaii, if you’ve been in a motor vehicle accident, your “personal injury protection” (PIP) coverage pays your medical bills and certain other financial losses, regardless of who was at fault for the accident. Filing a no-fault/PIP claim has limits when it comes to the kinds of losses that are covered through insurance. Most importantly, you can’t get compensation for your “pain and suffering” and other non-monetary damages stemming from the accident.
Now a ‘no-fault’ system doesn’t mean you still can’t pursue the compensation you feel like you deserve. You are still able to file a third-party insurance claim or lawsuit against the driver who caused the accident. In order to do so, your injuries must meet one of the three thresholds set by Hawaii state law.:
If your injuries meet one or all of the following, your options aren’t limited to just making a PIP claim. You can hold the at-fault driver responsible for the accident via a third-party car insurance claim or personal injury lawsuit, and you can pursue compensation for all categories of non-economic losses, like pain and suffering.
Contacting a Hawaii motorcycle accident lawyer should be one of the first things you do before filing your motorcycle accident claim. This will help ensure an attorney-client relationship where you will gain the support you need and receive helpful legal advice throughout your insurance claim process.
There are some motorists that choose to reach out to a motorcycle accident attorney only when their claim has been denied or they feel like they haven’t received fair compensation for their losses. An example is if the bikers’ insurance company refuses to pay out a compensation amount that fully covers their losses, medical expenses, and other damages, contacting an attorney is a good idea to ensure your rights are upheld and you receive a fair settlement.
Hawaii state law sets the filing deadline for almost any car accident lawsuit to be instituted within two years from the date the accident occurred. A statute of limitations is a state law that sets strict time limits on a person’s right to bring a lawsuit to court. Note, the statute of limitations does not apply to a car insurance claim.
Putting this law in motion, for example, if anyone was injured during a motor vehicle accident or had any damage to their vehicle or property they must file a lawsuit against any potential defendant within two years. The same two-year deadline still applies in case of wrongful death as a result of a car or motorcycle accident if the family members or a representative of the estate choose to file a wrongful death claim.
Make sure you leave plenty of time to file a lawsuit, even if you are confident that our case will be resolved through the car insurance claim process. For if you wind up having to file a lawsuit, this will give you more leverage during settlement talks. Get in touch with an experienced Hawaii motorcycle accident attorney today.
When deciding on your personal injury attorney, the most important thing to watch out for is their case history. You want to choose a lawyer or legal team with years of experience working with motorcycle accidents and personal injury law. Whichever route you choose, the law office or individual attorney should have a proven record of winning cases similar to yours.
Make searching for an attorney who has experience in trying personal injury claims in your area a priority today. LegalFinders helps motorcyclist victims get connected with the right lawyer through a free initial consultation. Don’t subject yourself to bad legal advice. Find an attorney at law who is familiar with Hawaii motorcycle laws in terms of motorcycle accidents.
No matter who was at fault, the dedicated law offices at LegalFinders will support you every step of the way. Being a trusted source for finding lawyers who are familiar with personal injury and motorcycle claims who are located in your area. LegalFinders does the work for you so you don’t have to. With LegalFinders on your side, your sole focus can be on recovering and reclaiming your life after a collision.
Additionally, we work with clients who have insurance coverage as well as those who don’t. No matter what situation you’re in, LegalFinders is here to help.