There are few things more exhilarating than getting out on the open road on your motorcycle. Motorcycles give you a sense of freedom that you simply can’t get with a car. Yet motorcycles can also be dangerous to ride, particularly when it comes to being on the road with other vehicles.
According to the National Highway Traffic Safety Administration (NHTSA), over 82,000 motorcyclists were injured and more than 6,300 motorcyclists were killed in accidents in 2023. If you were hurt in a motorcycle crash in Honolulu, our Hawaiʻi personal injury lawyers will fight to get you justice. We will work hard to get you full compensation for your property damage, medical bills, lost wages, pain and suffering, and other losses.
Miyashita & O’Steen represents clients throughout Hawaiʻi who have been hurt in all types of accidents, including motorcycle crashes. We are fierce advocates for our clients, working tirelessly to get them full compensation for their losses. Contact our law firm today to schedule a free consultation with a Honolulu motorcycle accident attorney.
Common Types of Motorcycle Accidents and Injuries in Honolulu
According to the Hawaiʻi Department of Health, motorcycle fatalities were the 5th leading cause of unintentional injury deaths in the state between 2008 and 2012. Motorcyclists in Hawaiʻi are also injured at relatively high rates. In the same period of time, an average of 1,319 bikers were hurt in crashes each year. Teen and younger adult men were at the highest risk of both motorcycle injuries and death.
Miyashita & O’Steen represents clients throughout Hawaiʻi who have been hurt in all types of accidents, including motorcycle crashes. We are fierce advocates for our clients, working tirelessly to get them full compensation for their losses. Contact our law firm today to schedule a free consultation with a Honolulu motorcycle accident attorney.
There are many potential causes of motorcycle accidents in Hawaiʻi. They include:
- Careless drivers
- Driving under the influence of alcohol and/or drugs
- Unsafe road conditions or road hazards
- Dangerous or defective motorcycle parts
- Speeding
- Collisions with stationary objects
In any motorcycle accident case, the biker bears a much higher risk of injury compared to a person in a car, truck, or SUV. Motorcyclists may suffer a range of injuries in crashes, such as:
- Road rash and lacerations
- Broken bones
- Traumatic brain injuries (TBIs) and other types of head injuries, like concussions
- Spinal cord injuries and paralysis
- Internal organ damage
- Back and neck injuries
- Joint injuries and ligament tears
In some cases, motorcycle accident injuries are so catastrophic that they result in death. While not every motorcycle fatality can be avoided, the best way that bikers can protect themselves is by always wearing a helmet.
According to the Centers for Disease Control and Prevention (CDC), helmets reduce the risk of head injury by 69%. Motorcycle helmets are 37% (for riders) and 41% (for passengers) effective in preventing deaths.
In addition to wearing a helmet, motorcyclists can take other steps to reduce the risk of serious injury or death while riding a bike. This includes:
- Wearing sturdy, protective clothing
- Wearing high visibility clothing (such as bright colors and reflective strips)
- Using headlights, even during the day, to improve visibility
- Ride in lanes of traffic in a position that allows you a clear line of sight and to be seen by other drivers
- Practice defensive driving
- Try to anticipate hazards
- Increase the following distance between your motorcycle and the vehicle in front of you
- Follow traffic laws
- Schedule regular maintenance
Of course, even the most conscientious motorcyclist can be injured in an accident. If another driver causes your crash, you may be able to file a lawsuit against them. Our experienced Honolulu motorcycle accident attorneys can help you get maximum compensation for your losses.
Can I File a Lawsuit for My Honolulu Motorcycle Crash?
Depending on the facts of your case, you might be able to file a personal injury lawsuit against the at-fault party. You could potentially pursue a claim against:
- A driver or motorcyclist
- A government agency (if they are to blame for hazardous road conditions)
- The manufacturer of a defective motorcycle or motorcycle part
These cases are usually based on a theory of negligence. In the legal world, negligence is the failure to use the level of care that a reasonable person would use in a similar situation. Another way to look at negligence is that it is a type of carelessness.
A person can negligently cause a motorcycle accident in any number of ways. A negligent driver might cut a motorcycle off in traffic, causing it to skid and lose control. A negligent government agency might fail to clear debris from a road or trim back overgrown vegetation, leading to a motorcycle accident. A negligent manufacturer might put a defective tire on the market, leading to a blowout that causes a single-vehicle motorcycle crash.
The injured motorcyclist will be responsible for proving that the other party was somehow responsible for their crash. Our law firm will investigate the case to build the strongest possible case for compensation. This will typically include interviewing witnesses, analyzing photos and videos of the accident scene, requesting police reports, reviewing medical records, and researching Hawaiʻi law.
While most motorcycle accidents are caused by negligence, it is still possible to pursue a claim for a crash caused by intentional or reckless behavior. For example, if a drunk driver crashes into a motorcyclist at a red light, they may face both criminal charges as well as a civil lawsuit for the injuries that they caused. Importantly, you can still file a personal injury claim even if the at-fault driver has not been charged with a crime.
If your motorcycle accident was caused by another driver’s violation of a safety law or regulation, then this violation can be considered when proving your case. Under Hawaiʻi’s negligence laws, an at-fault party’s (defendant) violation of a statute may be considered as evidence of negligence.
If you are successful in proving that the defendant was responsible for your crash, then you may be able to recover compensation for your injuries. This may include money for:
- Medical bills
- Future medical treatment
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Scarring
- Disfigurement
- Emotional distress
In cases involving intentional or reckless conduct, you may also be able to recover punitive damages. These damages are a bit different because the goal is not to compensate a plaintiff for their losses, but to punish a wrongdoer. During a free initial consultation, our Honolulu motorcycle accident lawyers can offer you a ballpark estimate of the value of your case and advise you about the possibility of seeking punitive damages.
If a loved one dies as a result of a motorcycle accident, the surviving family members may be able to file a wrongful death claim. Damages in a wrongful death claim may include money for burial and funeral expenses, medical bills, lost income, and the loss of the deceased’s companionship, support, and services.
If a loved one dies as a result of a motorcycle accident, the surviving family members may be able to file a wrongful death claim. Damages in a wrongful death claim may include money for burial and funeral expenses, medical bills, lost income, and the loss of the deceased’s companionship, support, and services.
Why Should I Hire a Honolulu Motorcycle Accident Attorney?
After a motorcycle accident, you might be approached by an insurance adjuster. They might ask you to give a statement or sign some paperwork. They might even tell you that they take full responsibility and offer you a settlement.
In this situation, you might be tempted to take the settlement so that you can move forward with your life. Unfortunately, doing so is almost always a mistake. Insurance companies are in business to make money, and they do that by paying out as little as possible on claims like yours.
You should never give a statement, sign any paperwork, or accept an offer from an insurance adjuster until you have had the chance to talk to a Honolulu motorcycle accident lawyer. Your attorney will take over communications with the insurance company for you to protect your rights. They will also get to work immediately to build the strongest possible claim for compensation.
Motorcycle accident lawyers know the value of a case and how to find hidden value in a claim (such as by researching additional defendants). They will thoroughly investigate the case, gathering evidence and researching the law. When the claim is ready, they will put together a demand letter to the insurance company to request full compensation.
Your lawyer will then negotiate a fair settlement on your behalf, using their knowledge and experience in similar cases. If the insurance company refuses to offer you the compensation that you deserve, they will file a lawsuit to preserve your legal rights. They will then start to get the case ready for trial, requesting information through the discovery process and continuing to negotiate a settlement.
Most personal injury cases are resolved outside of the courtroom. However, the potential for a case to go to a trial is often just the pressure that an insurance company needs to offer a fair settlement. Studies show that people who are represented by counsel recover significantly more money than those who represent themselves in personal injury cases.
Our law firm is skilled at helping our clients get maximum compensation for their losses. We offer free initial consultations for all prospective clients and never charge a fee unless we recover money for you.
Hurt in a Motorcycle Accident? Reach Out Today.
Motorcycle accidents can be incredibly scary. In the aftermath, you may be overwhelmed and unsure of what to do next. Our law firm will advocate for you and help you get justice for your motorcycle crash.
At Miyashita & O’Steen, we represent plaintiffs throughout Hawaiʻi who have been hurt in motorcycle accidents,car accidents, recreation accidents , truck accidents, and other types of accidents. We are committed to helping our clients get maximum compensation for their injuries.
To learn more or to schedule a free consultation with a Honolulu motorcycle accident attorney, call our law offices at 808-300-0068 or fill out our online contact form.