Oʻahu’s streets are meant to be walked, from the beachside paths of Waikīkī to the bustling crosswalks of Honolulu. Yet too often, what should be a peaceful stroll turns into a life-changing tragedy. In recent years, pedestrian-car accidents have surged across the island, leaving local families and tourists alike grappling with serious injuries, mounting medical bills, and questions about accountability.
Despite public awareness campaigns and crosswalk improvements, Hawaiʻi continues to rank among the nation’s most dangerous states for pedestrians per capita, and Oʻahu accounts for the majority of those incidents. Understanding why these crashes happen, who may be responsible, and what steps injured pedestrians can take after an accident is essential for protecting yourself and your loved ones.
When a car, truck, or SUV hits a pedestrian, it can result in serious or fatal injuries. If you have been hurt in a pedestrian accident, you may be entitled to financial compensation for your medical bills, lost wages, pain and suffering, and other losses. Our Hawaiʻi car accident lawyers will fight to get you the compensation that you deserve.
Based in Honolulu, the legal team of Miyashita & O’Steen represents clients throughout Hawaiʻi who have been hurt in all types of accidents. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Reach out to our law firm today to learn more or to schedule a free initial consultation with a Honolulu personal injury attorney.
Why Are Pedestrian Accidents So Common in Hawaiʻi?
According to a recent report from the Hawaiʻi Department of Transportation, 102 people were killed in traffic-related accidents in 2024 alone. 37 of those killed were pedestrians. This represents a 61% increase in pedestrian deaths from 2023.
There are several reasons why Hawaiʻi is more vulnerable to pedestrian accidents compared to other places. Many roads in Hawaiʻi are designed for speed and for motor vehicle use only, not for pedestrian safety. Many streets and roads throughout our state lack sidewalks and other infrastructure that is designed for pedestrian safety.
According to the Honolulu Police Department, speed is a major contributing factor in traffic fatalities. In addition, as many as half of all traffic fatalities in the city are linked to drug and/or alcohol impairment. Certain pedestrian behavior, such as failing to use the crosswalk, also contributes to these accidents.
Of course, Hawaiʻi is also a tourist hotspot. This can also increase the risk of pedestrian accidents, as tourists in rental cars might not be as familiar with the roads around Oʻahu. Tourists walking through town may also not be mindful of using crosswalks or engaging in safe behavior.
Pedestrian accidents can lead to fatal injuries, particularly when the car, truck, or SUV is speeding at the time of the crash. They can also lead to other serious injuries, such as:
- Driver inexperience, particularly because mopeds do not require a special driver’s license
- Broken bones
- Head injuries, including traumatic brain injuries (TBIs) and concussions
- Spinal cord injuries and paralysis
- Internal organ damage
To combat the rising number of pedestrian accidents on the island, Honolulu County has enacted a pedestrian safety program. They offer a number of tips on how to increase your safety when walking, jogging, or running, including:
- Always look for turning cars before stepping off the curb into the street.
- Always look left, right, left again, and over your shoulder before entering the street.
- Only cross at corners or marked crosswalks.
- Watch for vehicles turning into or backing out of parking spaces or driveways.
- Dress in high-visibility clothing.
- When crossing in front of stopped cars, make eye contact to be sure that the driver sees you before crossing.
- Stand at least 10 feet away from the curb when waiting to cross.
Even if you follow every pedestrian safety tip, it is still possible to be hurt in a pedestrian accident. Careless drivers may still hit a pedestrian, often causing catastrophic injuries. If you have been struck by a motor vehicle, our Honolulu pedestrian accident attorneys will advocate for you to help you get the compensation that you deserve for your injuries.
Can I Pursue Legal Action for a Honolulu Pedestrian Accident?
If you were hit by a car as a pedestrian in Honolulu, you may be able to file a lawsuit against the at-fault driver. Generally, you will need to prove that the driver was responsible for the accident. In most cases, this involves showing that the driver was negligent or careless in some way.
Negligence is a legal standard. It is often defined as the failure to use the level of care that a reasonable person would use in a similar situation. A driver may cause a pedestrian accident through negligent behavior, such as texting and driving, speeding, failing to properly signal before turning, and not yielding at a crosswalk.
If you can demonstrate that the at-fault driver (defendant) was negligent in some way, you may be able to recover compensation through a personal injury lawsuit. In some cases, the defendant might claim that you (plaintiff) were also at fault for the accident. Even if you did do something wrong, you may still be able to recover financial compensation under Hawaiʻi’s comparative negligence rules.
Comparative negligence is a legal theory where an injured party can still recover money in a personal injury claim as long as they were 50% or less at fault for the accident. If you were negligent in some way, you can still file a claim for compensation. Your total recovery will then be reduced by the percentage that you were responsible for the accident.
For example, consider a situation where you were hit by a car as you crossed the street after leaving a bar and suffered $100,000 in damages. The driver argues that if you had not been drinking, you would have been more careful about looking both ways and avoiding the accident. If a jury decides that you were 25% at fault for the accident, then your total recovery would be reduced to $75,000.
It is also possible to file a personal injury lawsuit for intentional or reckless behavior that caused a pedestrian accident. For example, if the defendant was drag racing through Honolulu when the accident occurred, they might be cited for reckless driving and illegal racing. You can still pursue a civil lawsuit against them in addition to any criminal charges that they might face.
During a free initial consultation, our Honolulu pedestrian accident lawyers will listen to your story. They will then offer you legal advice on your rights and options for pursuing a claim. If you decide to hire our law offices, we will get to work right away to build a strong case for compensation.
Compensation and Settlements in a Honolulu Pedestrian Accident Case
Pedestrian accident cases are typically covered by a driver’s car insurance policy. In most cases, you can recover two types of compensation: economic and non-economic damages. In rare cases, you may also be entitled to punitive damages.
Together, economic and non-economic damages are referred to as compensatory damages. This name comes from the fact that these damages compensate an accident victim for their losses. Compensatory damages are available in every personal injury case.
Economic damages pay for financial losses. Essentially, if you have documentation of a loss, such as a bill, estimate, invoice, or paystub, it will fall into this category of damages. Examples of economic damages include property damage, lost wages, reduced earning capacity, medical expenses, and future medical care.
Non-economic damages pay for intangible losses, such as pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. While you won’t get a bill in the mail for something like mental anguish, accounting for non-economic damages is important to help make an accident victim whole again. Our legal team will use their experience and knowledge of similar claims to put together a strong case for non-economic damages.
Punitive damages are only awarded in cases involving intentional or reckless conduct. For example, if you were hit by a drunk driver, you may be entitled to punitive damages. The goal of punitive damages is to punish someone who acted badly.
Unfortunately, many pedestrian accidents are fatal. If you’ve lost a loved one as a result of a car crash, you may be able to file a wrongful death lawsuit against the at-fault driver. Under Hawaiʻi law, a surviving spouse, “reciprocal beneficiary,” children, parents, or another person who was financially dependent on the deceased can file a wrongful death claim. The legal representative of the deceased’s estate can also file a wrongful death claim.
Through a wrongful death claim, you may be able to recover money for:
- Funeral and burial expenses
- Medical bills
- Loss of companionship
- Loss of marital/reciprocal beneficiary care and attention
- Loss of parental care and attention
- Loss of parental care, training, guidance, or education
If your family member has died in a pedestrian accident, we will work with you to help you get the compensation that you deserve for your loss.
Studies show that people who are represented by legal counsel recover significantly more money in personal injury claims compared to people who represent themselves. The majority of personal injury cases are resolved outside of court. If you have been hurt in a pedestrian accident, we will fight to help you get justice.
Reach Out Today to Talk to an Experienced Honolulu Pedestrian Accident Attorney
Pedestrian accidents can be both scary and traumatic. They can also lead to severe injuries or death. Our law firm is dedicated to helping pedestrian accident victims get the money that they are entitled to under Hawaiʻi law for their injuries.
Based in Honolulu, Miyashita & O’Steen represents clients throughout Hawaiʻi who have been hurt in pedestrian accidents and other types of accidents. We won’t back down from a fight and won’t rest until we get you maximum compensation for your injuries. To learn more or to schedule a free consultation with a Honolulu pedestrian accident lawyer, call our law offices at 808-300-0068 or fill out our online contact form.