Most people know that it is both unsafe and illegal to drive after drinking alcohol and/or using drugs. Unfortunately, far too many people across Hawaiʻi drive under the influence despite these laws. This can often lead to serious accidents.
If you are involved in a drunk driving accident, you may be able to file a lawsuit against the responsible driver. Through a personal injury lawsuit, you can recover financial compensation for all of your losses. This can include money for your property damage, medical expenses, emotional distress, and more. Our Honolulu DUI accident attorneys can help you get maximum compensation for your losses.
At Miyashita & O’Steen, we are committed to providing the highest quality legal representation to clients in Honolulu and throughout Hawaiʻi. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Honolulu car accident lawyer, reach out to our law firm today.
What Is Hawaiʻi Law on DUIs?
In Hawaiʻi, it is against the law for a person to operate a vehicle while under the influence of an intoxicant (OVII). This is often referred to as driving under the influence, or DUI. A driver can be charged with DUI in Hawaiʻi if they operate a motor vehicle:
- With a blood alcohol content (BAC) of .08% or higher; or
- While under the influence of drugs and/or alcohol.
Importantly, for purposes of Hawaiʻi’s DUI laws, it does not matter if the driver has a prescription for medication, has a medical marijuana card, or is taking over-the-counter medicine. If they are under the influence of drugs and/or alcohol while behind the wheel, they could be charged with a crime.
A DUI conviction in Hawaiʻi carries harsh penalties, including jail time, a driver’s license suspension, community service, alcohol or drug education, and steep fines. In addition, a person who causes a DUI accident can be held liable for any harm that they cause.
Residents and visitors in Hawaiʻi face an increased risk of encountering impaired drivers on the road. According to a report from the Hawaiʻi Alcohol Policy Alliance, at least 40% of all traffic fatalities in our state involved drivers who were under the influence of alcohol and/or drugs. According to a report from the Centers for Disease Control and Prevention (CDC), people who live in Hawaiʻi are the most likely to drive drunk.
Drunk driving is incredibly dangerous. Every day, approximately 34 people in the United States are killed in impaired driving crashes. Even relatively low levels of alcohol and/or drugs in a person’s bloodstream can make it harder for them to drive safely. Drugs and alcohol can reduce coordination, slow reaction time, and impair coordination and perception.
Drunk driving accidents are often fatal. Even if a person survives a DUI crash, they may have severe injuries, such as:
- Internal organ damage
- Traumatic brain injuries (TBI)
- Neck injuries, including whiplash
- Spinal cord injuries
- Broken bones
- Burns
- Crushing injuries
If you are injured in an accident with a drunk driver, you might be able to file a lawsuit against them. Our Honolulu drunk driving lawyers will work with you to help you get the compensation that you deserve for your losses.
When Can I Sue a Drunk Driver for an Accident?
Hawaiʻi law allows an accident victim (plaintiff) to sue a drunk driver (defendant) who caused them harm in an accident. As described above, a driver may be considered impaired if they have a certain blood alcohol concentration or if they operate a motor vehicle while under the influence of alcohol and/or drugs. These laws also apply to prescription and over-the-counter medications, as well as medical marijuana.
To win a DUI accident lawsuit, you will need to prove that the defendant was negligent and that you suffered losses as a result. Negligence is a legal standard that essentially means that a person failed to use reasonable care to prevent harm to others. Generally, drivers in Hawaiʻi owe a duty to use reasonable care to other motorists and pedestrians.
To prove negligence, you will need to show the following:
- The defendant owed you a duty to use reasonable care.
- The defendant violated that duty by driving under the influence of alcohol and/or drugs.
- This violation was the direct (proximate) cause of your injuries.
- You suffered losses as a result of the DUI accident.
In a DUI accident case, proving negligence is often relatively straightforward. This is particularly true if the defendant was also cited for a DUI by the police. While a conviction is not necessary to win your case, either a pending charge or a final conviction can be important evidence to show that the defendant is liable for your accident.
Even if the at-fault driver was not charged with driving under the influence, you can still file a personal injury lawsuit against them. A civil case is separate from any criminal charges that may be brought. Importantly, the burden of proof in a civil case is lower than in a criminal case.
In a personal injury lawsuit, you have to establish that the defendant caused your accident by a preponderance of the evidence. This means that it is more likely than not that the defendant drove under the influence and caused your accident. In a criminal case, the prosecution has to prove “beyond a reasonable doubt” that the defendant drove under the influence.
Our Honolulu DUI accident attorneys are skilled at gathering the necessary evidence to prove your case. We will:
- Interview witnesses, including people who might have seen the defendant drinking or using drugs before the crash
- Obtain photos and videos of the accident scene
- Request accident reports and any police reports related to the DUI
- Analyze your medical records
- Consult with experts, such as accident reconstruction experts
When our investigation is complete, we will draft a demand letter to the defendant’s insurance company. A demand letter sets out the facts of the case and the legal reasons why the defendant is responsible for the crash. It concludes with a demand for damages (compensation).
The insurance company will perform its own investigation and then respond with a counteroffer. In the majority of cases, the case will be resolved by settlement without ever going to court. However, it may still be necessary to file a lawsuit to protect your legal rights.
Hawaiʻi has a two-year statute of limitations for personal injury lawsuits. This means that you generally have two years from the date of the DUI accident to file a lawsuit. If you fail to do so, then your case is likely to be dismissed.
Filing a lawsuit is a way to prevent this outcome. It does not mean that your case will go to trial. Instead, it is an opportunity to continue negotiations and to learn more about the case through the discovery process.
If you were hurt in a DUI crash, you don’t have to figure all of this out yourself. Our Honolulu DUI accident lawyers will stand by your side throughout the process, working hard to get you justice for your losses.
Damages in a Hawaiʻi DUI Case
In a personal injury lawsuit, you can recover financial compensation for your losses. Typically, you can recover compensatory damages for a car accident case. This includes economic and non-economic damages.
Economic damages pay for your financial losses. It will include money for things like property damage (such as replacing or repairing your car), medical expenses, future medical treatment, lost wages, and reduced earning potential. It can also pay for other expenses, like the cost of renovating your home to accommodate a disability.
Non-economic damages pay for losses that don’t necessarily come with a bill or an invoice. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress.
DUI accident cases are different from most other car accident claims because the defendant usually wasn’t just negligent. In Hawaiʻi, you can recover punitive damages when a defendant in a personal injury claim caused your injuries through intentional or reckless conduct.
Driving under the influence of alcohol and/or drugs is considered reckless behavior. Hawaiʻi courts want to punish people who engage in this sort of behavior and to discourage others from drunk driving. That is why punitive damages are often part of the compensation for a DUI accident.
Car accident cases, including DUI accidents, are usually covered by the defendant’s car insurance policy. Insurance companies are often reluctant to pay accident victims the full value of their claim. That is why it is so important to have an experienced Honolulu DUI accident lawyer by your side.
Insurance companies will try to resolve your case for as little as possible. An adjuster may offer you a lowball settlement in the hopes that you will accept it, and the claim will be settled for pennies on the dollar. An attorney can help you understand the true value of your case and will fight to get you full compensation for your losses.
Our team of seasoned personal injury attorneys won’t simply accept whatever the insurance company is willing to offer. We will fight to get you the money that you are entitled to under the law. If you have been hurt in a DUI accident, reach out to learn more about how we can help you get top dollar for your injuries.
Hurt in a DUI Accident? We’re Here to Help.
Even though impaired driving is illegal in Hawaiʻi, that does not stop many drivers from engaging in this incredibly risky behavior. DUI accidents can cause serious, catastrophic, and even fatal injuries. Our law firm will work hard to get you the money that you deserve for your injuries.
Based in Honolulu, Miyashita & O’Steen represents clients in all types of accident cases throughout Hawaiʻi. We treat each client with compassion and respect while advocating to protect their rights and get them maximum compensation. To learn more or to schedule an appointment with a Honolulu DUI accident attorney, call our law offices at 808-425-9755 or fill out our online contact form.