Defendant's Attorney: Dana A. Barbata

Description: Honolulu, Hawaii personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Clims Act auto negligence theory claiming to have suffered damages and/or injuries as a direct result of the failure to exercise due care by a federal government employee.

Hawaii Auto Negligence Law:

"Duty of Care: All drivers in Hawaii have a duty to operate their vehicles safely and follow traffic laws to avoid harming others. This includes avoiding behaviors like:

Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals

Breach of Duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence like:

Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records

Proximate Cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.

Modified Comparative Negligence: Hawaii follows a modified comparative negligence rule. This means that even if the injured party is partially at fault, they can still recover damages, with their compensation proportionally reduced based on their percentage of fault. However, if the injured party's negligence is greater than 50%, they cannot recover any damages.

Statute of Limitations: Claims in Hawaii have a two-year statute of limitations, starting from the date of the accident.

Additional Points:

No-fault system: Hawaii is a no-fault state, meaning your own personal injury protection (PIP) coverage covers your medical expenses and lost wages up to certain limits, regardless of who caused the accident. You can only sue the at-fault driver if you meet specific injury thresholds.
Legal resources: Consult the Hawaii State Bar Association or Hawaii Department of Transportation for guidance and resources.
Insurance: Hawaii requires drivers to carry minimum amounts of PIP and liability coverage. This can play a significant role in covering damages and navigating negligence claims.

Specific Scenarios:

Here are some situations where Hawaii auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries, exceeding PIP coverage thresholds.
Hit-and-run accidents: The injured party can still pursue compensation through their PIP coverage or uninsured/underinsured motorist (UM/UIM) coverage if the at-fault driver is unknown or uninsured.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in a Hawaii auto accident, it's crucial to consult with an experienced personal injury attorney specializing in Hawaii auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Navigate the no-fault system and liability claims.
Negotiate with insurance companies or represent you in court."

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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