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Date: 11-22-2023
Case Style:
Case Number: 1:22-cv-00416
Judge: J. Michael Seabright
Court: United States District Court for the District of Hawaii (Honolulu County)
Plaintiff's Attorney:
Defendant's Attorney: Gregory K. Markham and Victoria Mei-Ling Chang
Description: Honolulu, Hawaii personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.
Hawaii Auto Negligence Law:
Comparative Negligence (51% Rule):
Hawaii follows a modified comparative negligence system with a 51% rule.
This means a plaintiff can still recover damages even if they were partially at fault, as long as their negligence is less than 51%.
Any damages awarded will be reduced in proportion to the plaintiff's percentage of fault. For example, if the plaintiff is 20% at fault, their damages will be reduced by 20%.
If the plaintiff's negligence is 51% or more, they are barred from recovering any damages.
No-Fault Insurance System:
Hawaii is a no-fault state for auto insurance. This means your own insurance company will typically pay for your injuries and those of your passengers, regardless of who caused the accident.
The amount of coverage is limited by your Personal Injury Protection (PIP) benefits. This minimum coverage is $10,000 per person.
To sue the at-fault driver for additional damages, your injuries must meet certain serious injury thresholds. These thresholds include:
Death
Significant disfigurement
Fracture
Permanent and serious loss of function
Loss of limb or organ
Other Important Points:
Drivers have a duty to act reasonably and avoid causing harm to others.
Evidence of negligence can include things like:
Speeding
Driving under the influence of alcohol or drugs
Distracted driving
Failure to yield
Reckless driving
If you are injured in an auto accident, it is important to seek medical attention immediately and report the accident to the police and your insurance company.
It is also recommended to consult with an attorney to discuss your legal options and rights.
Google Bard
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: