Liability in Hawaii Car Accidents
Determining Liability in Auto Accident Cases
The success of virtually any personal injury case rises and falls on the
plaintiff's ability to identify and prove that the defendant is liable
- that is, financially responsible - for his or her injuries. Our car
accident attorneys at the Honolulu law firm of Leavitt Yamane & Soldner
have decades of collective experience in successfully demonstrating the
liability of negligent drivers for the injuries sustained by victims.
If you have been injured or have suffered the
wrongful death of a family member in a car accident, you need to entrust your case to
lawyers with the resources, skills, and knowledge to present the strongest
case possible on your behalf. You need the law firm of Leavitt Yamane
& Soldner in your corner.
Ready to get started? Call
free initial consultation.
Negligence & Liability Explained By Our Honolulu Personal Injury Attorneys
A reasonable person is expected to behave in such a manner that his or
her actions do not put others at risk of harm. When a person fails to
behave in this manner and his or her actions result in injury to or the
death of another person, he or she can be said to have acted negligently.
This negligence on the part of the defendant must be proven before he
or she can be held liable for the resulting losses and expenses suffered
by the injured party. In this sense, the concepts of negligence and liability
are intertwined in most personal injury cases.
In car accident cases, our attorneys in Honolulu must be able to demonstrate that:
- The driver who caused the accident owed the injured party a "duty
of care"; that is, that he or she was obligated to drive safely and
to be mindful of the safety of his or her fellow drivers.
- The driver failed to fulfill this duty of care and, in doing so, behaved
- This act of negligence resulted in harm to the injured party.
- The injuries sustained by the injured party resulted in losses and expenses
that would not otherwise have been incurred.
On the surface, many cases involving car accidents appear to be relatively
simple; however, the establishment of negligence is almost always a complex
matter requiring careful analysis of the facts and detailed investigation
of the accident. Our car accident attorneys in Honolulu have successfully
handled even the most complex auto accident cases over the years and would
be pleased to put their experience and knowledge to work for you.
Leavitt Yamane & Soldner Can Help You File for Compensation
Depending on the extent of your injury and whether you share some degree
of fault for the car accident, you may be entitled to compensation for
medical bills, rehabilitation expenses, pain and suffering, lost wages,
and other demonstrable losses and expenses. If you have lost a loved one,
you may be further entitled to compensation for funeral costs, future
lost wages, and other losses that can reasonably be projected into the future.
If you believe that you were partly responsible for the accident in which
you were injured, you may still be entitled to recover partial compensation.
Hawaii has adopted the legal doctrine of comparative negligence. This
means that the amount of compensation to which you are entitled will be
reduced according to your degree of fault. Therefore, if you were found
to be 30 percent responsible for the accident, you would be entitled to
recover 70 percent of your total losses and expenses.
To begin pursuing damages, please call us as soon as possible.