Moped and Pedestrian Accidents - Hawaii
Historically, visitors to Hawaii often choose to ride a moped or
to walk as a pedestrian in order to get around.
The favorable weather and the desire to be close to
nature both draw people toward these two vulnerable
ways to mingle with traffic. A May 2014 article by Hawaii Civil Beat
called: "Why Is It So Dangerous for Pedestrians in Hawaii?"
examined the risks for pedestrians in Hawaii and confirms
that there are more fatal pedestrian accidents in Hawai'i
per capita than in any other state.
Hiring a Moped or Pedestrian Accident Attorney in Hawaii
If you have been seriously injured in a moped or pedestrian
accident in Hawaii you
should consider getting the advice of an experienced
motor vehicle accident attorney right away!
Here at Car Accident Attorney Hawaii we have been
representing the victims of
serious injuries and wrongful death resulting
from moped accidents, pedestrian accidents, truck accidents,
bus accidents and other motor vehicle accidents for over 25 years.
For some considerations in finding the right
car accident lawyer in Hawaii to assist you, please examine:
Considerations in finding the right car accident lawyer in Hawaii
Moped and Pedestrian Accidents- minimum insurance
coverages when a Motor Vehicle is involved
Hawaii
is a "no fault" state. As a result, in
Hawaii all drivers of motor vehicles
are required by law to maintain minimum
insurance coverages applicable to
their vehicle under Hawaii law. As of the writing of
this website, mopeds were not generally required
to carry minimum insurance coverages. However,
most larger motor vehicles are required to do so.
Hence, at present whether you are on a moped or
you are a pedestrian, if you are injured
in a motor vehicle accident with a car, truck, bus,
motorcycle or
other larger vehicle, there are generally
supposed to be minimum coverages on the other vehicle and
these minimums are supposed to be available to help to
protect you from your losses. These minimums sometimes
differ - depending upon the particular vehicle involved.
The requirements under Hawaii law are further
discussed here:
- Auto Accidents and Insurance on Automobiles
- Motorcycle Accidents and Insurance on Motorcycles
The links to the current Hawaii law according to the
State of Hawaii website may also be provided on the pages
which are found on the above links.
No Fault (PIP) coverage is a basic medical coverage which provides
payment for medical expenses (up to the stated policy limit)
arising out of a motor vehicle accident.
The description of No Fault (PIP) coverage is found on the following
webpage:
Types of insurance coverage for
injuries (the injured).
General information
about Moped or Pedestrian Accident claims in Hawaii
If you have suffered injuries or loss as the result of a moped or pedestrian
accident in Hawaii, you will probably want to obtain and
fill out a No Fault (Personal Injury Protection) benefits
application form from the insurance company for the motor vehicle
with which you were most closely connected (the motor vehicle that impacted
you if you were a pedestrian or on a moped or bicycle). No Fault (PIP)
usually provides medical coverage for injuries arising out
of the use, maintenance or operation of a motor vehicle
in Hawaii and it may also provide various other coverages
(wage loss, substitute services, funeral benefits, etc.)
In Hawaii at present you generally must have at least a certain
amount in medical expenses actually paid by the
No Fault (PIP) insurer - $5,000 (1/1/98 on) - before you can recover for pain,
suffering, mental anguish, loss of enjoyment of life, wage
loss in excess of that paid by No Fault (PIP) and various other
losses caused by a motor vehicle accident. However, there
are also a few other situations in which recovery for these
additional losses may be possible. These situations include
(1) accidents arising out of conduct for which punitive
damages could be awarded, (2) accidents resulting in death,
(3) accidents causing permanent loss of use of a part or
function of the body, (4) accidents giving rise to permanent
serious disfigurement which causes mental suffering,
and (5) accidents in which the No Fault (PIP)
benefits are exhausted and a few other situations.
Contact Car Accident Attorney Hawaii - Legal Help for a free evaluation of your case.
Deadlines to file Moped or Pedestrian Accident claims in Hawaii
The
deadline for filing a lawsuit in court in Hawaii to make claims for
injuries arising out of a motor vehicle accident is generally
two years from the date of the accident.
It should be noted, however, that there are
exceptions to this rule- for example, claims
against the City and County of Honolulu and
the various other Counties must be filed with the appropriate agency
within six (6) months of the date of the accident.
For some claims the deadline is extended by statute to two years from
the date of the last no fault, worker's compensation or
public assistance benefit payment related to the accident,
if such payments are made. You must file your claims in
court prior to the expiration of such deadlines, or your
claims may be lost—regardless of their merit.
To be wise it is recommended that you immediately contact an attorney
after an accident giving rise to injuries occurs. Please do not
hesitate to :
Contact Car
Accident Lawyer Hawaii now for a free evaluation of your case.
|