Honolulu Bicycle Accident Lawyers

Common Causes of Bike Accidents in Honolulu

While Hawaiʻi is an absolutely beautiful place to ride a bike, bike accidents and injuries happen all too often throughout our state. These accidents have a variety of potential causes, including:

• Bad weather, such as sudden downpours
• Hazardous road conditions (particularly on winding mountain roads)
• Drivers turning in front of bicyclists
• Motorists failing to yield the right of way to bike riders
• “Dooring” accidents where bicyclists run into car doors as they open
• Motorists not following Hawaiʻi laws related to bicycle safety
• Drivers running stop signs or red lights
• Bicyclists not following bike laws

When a bicyclist is injured in a crash, particularly one involving a motor vehicle, there is a high likelihood of severe injuries. Our law firm has represented cyclists who have suffered a range of injuries from bike accidents, including broken bones, concussions, traumatic brain injury (TBI), neck and back injuries, lacerations, road rash, and sprains and strains.

Bicyclists can take steps to reduce the risk of serious injury when out on the road. This includes:

• Always wearing a helmet
• Wear bright colored clothing
• Follow the rules of the road, including using hand signals when appropriate
• Stay alert when riding a bike
• Never ride a bike after drinking or using drugs

Of course, not all bicycle accidents are avoidable. This is particularly true when drivers on the road don’t respect cyclists. In this situation, our Honolulu bike accident lawyers will work with you to help you get the compensation that you are entitled to under Hawaiʻi law.

Can I File a Lawsuit for My Honolulu Bike Crash?

If someone else caused your bicycle accident, you may be able to file a claim against them for your losses. These cases are usually based on a theory of negligence or carelessness. Negligence is a legal standard that means a person failed to use the level of care that a reasonably prudent person would use in a similar situation.

While most bike accident cases are brought against a driver, there may be other at-fault parties (defendants) in this type of claim. This may include:

• The manufacturer of a dangerous or defective bicycle or bike part
• A property owner
• A government agency

For example, consider a situation where you crash on your bike after hitting a large pothole that wasn’t immediately obvious. The city of Honolulu had been notified about the pothole, but failed to either fix it or put up cones to warn people about it. In this case, it may be possible to bring a claim against the government agency responsible for maintaining the road.

To prove your case, you (the plaintiff) will need to introduce evidence of four elements:

1. Duty: The defendant owed you a duty to use reasonable care
2. Breach: The defendant violated that duty in some way (such as by swerving into the bike lane and hitting you)
3. Causation: The defendant’s violation was the direct cause of your accident
4. Damages: You suffered losses as a result

In many cases, the fault is relatively straightforward. In the example above, if a driver hit you while you were riding your bike in the bike lane, then they would be considered the at-fault party. In other situations, such as multi-vehicle accidents, it isn’t as easy to determine who is responsible for an accident.

In Hawaiʻi, it is possible to pursue a personal injury lawsuit even if you were partially responsible for the accident. As long as you were 50% or less at fault, you can bring a claim under Hawaiʻi’s comparative negligence laws. Your total recovery will then be reduced by the percentage that you were at fault for the accident.

You can also file a lawsuit against someone for intentional or reckless conduct. While intentional bike accidents are uncommon, they do happen. A driver may also recklessly cause a bike crash by driving drunk or driving at excessive rates of speed.

In these cases, you can still pursue legal action against the responsible driver. They may also be facing criminal charges separate and apart from your civil lawsuit. However, even if the state does not press charges, you can still seek financial compensation for your losses.

It isn’t always easy to know when you have a potential case. Our law firm offers free initial consultations to all prospective clients so that you can get a better idea of your rights and options. If you decide to hire us, we won’t charge you a fee unless we recover money for you through a settlement or a verdict at trial.

Compensation and Settlements in Hawaiʻi Bicycle Accident Cases

As seasoned Honolulu bike accident attorneys, our goal is to always get our clients as much money as possible, as quickly as possible. To achieve that goal, we start each and every case with a full investigation.

Our team will interview witnesses, review your medical records, request an accident report from law enforcement, and analyze photos and videos of the accident scene. We will also consult with experts, such as accident reconstruction professionals, to determine the exact cause of your crash.

At the same time, we will research Hawaiʻi law to build the strongest possible case for compensation. Each case is a bit different, so we want to make sure that we hold every potential defendant responsible for their wrongdoing.

When our investigation is complete, we will draft a demand letter to send to the defendant’s insurance company. This letter will contain three parts:

1. The factual background
2. The legal reasons why the defendant is responsible for the crash
3. A demand for compensation (damages)

This demand will be based on Hawaiʻi law and the unique facts of your case. It will usually include two (and sometimes three) types of compensation: economic, non-economic, and punitive damages.

Economic damages pay for your direct financial losses, such as lost wages, reduced earning capacity, medical expenses, future medical treatment, and property damage. Non-economic damages pay for your indirect losses. They may include pain and suffering, reduced quality of life, scarring, disfigurement, and emotional distress.

Together, economic and non-economic damages are referred to as compensatory damages. They are available in every case and form the core of a Hawaiʻi personal injury claim.

In some cases, punitive damages may be awarded against the defendant. Punitive damages are meant to punish someone who engages in intentional or reckless behavior. Because most cases involve negligence, punitive damages won’t always be available. Our Honolulu bicycle accident attorneys can help you understand whether you may be entitled to punitive damages in your case.

Using documentation of your losses, our lawyers will put together a demand for compensation as part of the letter that is sent to the defendant’s insurance company. Most often, the insurance company will respond with a counteroffer. This will begin the negotiation process.

The majority of Hawaiʻi personal injury cases are resolved outside of court. That being said, it may still be necessary to file a lawsuit to protect your legal rights. Filing a lawsuit also gives us the opportunity to engage in discovery, where we can learn more about the case and gather additional evidence to support your claim.

Our Honolulu bike accident lawyers always strive to resolve our clients’ cases through settlement whenever possible. If the insurance company refuses to offer a fair settlement, we will take your case to court and ask a jury to return a verdict in your favor. In every case, we will keep you fully updated on progress and communicate with you about your options.

The best way to get maximum compensation for your bike accident injuries is by working with a seasoned Honolulu bicycle accident attorney. The insurance company’s main motivation is to settle your case for as little money as possible. Our law firm will fight to get you the most money that we can under Hawaiʻi law.

If you are contacted by an insurance adjuster, don’t be tempted by promises that the company takes full responsibility or offers to settle the case “fairly.” Giving a statement, signing any paperwork, or accepting a settlement could affect your legal rights. Before doing or saying anything, you should always talk to a lawyer first.

If you have been hurt in a bike accident in Honolulu, you don’t have to go it alone. Our law firm will take on the big insurance company for you. We will handle all communications and negotiations while you focus on what is truly important: your health and well-being.

Help for Honolulu Accident Victims

If you are hit by a car while riding your bike, you might be dealing with a lot of trauma on top of your physical injuries. The last thing that you likely want to do is spend time dealing with paperwork and pushy insurance adjusters. Our law firm will fight for your right to full compensation and help you achieve the best possible outcome for your case.

At Miyashita & O’Steen, we treat each client with compassion and respect. We handle all types of personal injury cases, including car accidents , bike accidents, and wrongful death claims. To learn more about how we can help you or to set up a free consultation with a Honolulu bike accident attorney, give our law offices a call at 808-425-9755 or fill out our online contact form.