Hawaii Accidents

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Search results for “comparative fault”

20 results

Hilo postal route wrecked by construction gravel and now they're pushing light duty anyway

A Hilo postal worker can have a work injury claim and a separate fault case over road debris, and the biggest fights are usually over blame and forced "light duty."

ARTICLE by Marcus Torres

crashworthiness doctrine

A maker can be liable when a product did not cause the accident but did make the injuries worse. "Crashworthiness" is most often discussed with vehicles, but the idea reaches...

failure to supervise

When a person or organization has a duty to watch, guide, or protect someone and does not provide the level of oversight that a reasonable situation requires, that can be a...

consumer expectation test

People often confuse this with the risk-utility test, but they ask different questions. The consumer expectation test looks at whether a product was more dangerous than an...

Feels wrong to sue over a Kaneohe crash, but the bad part may matter more than the turn

A project manager driving between job sites in Kaneohe may have both a workers' comp claim and a separate injury case if a defective SUV part caused or worsened the crash.

ARTICLE by Marcus Torres

strict product liability

Do you have to prove a company was careless to recover for a dangerous product? Not always. Strict product liability allows an injured person to hold a manufacturer,...

Honolulu bus pileup in fog and the insurance number sounds way too low

A Honolulu fog pileup with a city bus can turn into a fight over medical care and policy limits fast, especially when the adjuster is lowballing you.

ARTICLE by Grace Santos

enhanced injury

Not every injury that happens in a crash or other accident is an enhanced injury. The usual misunderstanding is that it means the product caused the entire event. It does not....

our bills won't wait while the rental car insurers fight

When a project manager dies after being hit in Kaneohe, the estate, the spouse, the kids, and the insurance mess are not all the same claim.

ARTICLE by Lisa Fernandez

general causation

Proof that something can cause a kind of harm. "Can" is the key word. General causation asks whether a product, substance, or condition is capable of causing the injury at...

Just left Maui Memorial and the city truck claim gets ugly fast

A crosswalk injury claim against a city-owned truck in Kahului does not turn into an immigration case, but the county process is stricter and the blame fight starts immediately.

ARTICLE by Lisa Fernandez

Missing a safety warning can leave someone using a dangerous car part, medicine, appliance, or child item long after the maker has learned it may cause fires, crashes,...

manufacturing defect

You may see this phrase in a denial letter, an insurance investigation, a repair report, or a lawyer's explanation of why a product failed even though its design looked fine on...

An IME doctor said you're fine - the MRI fight starts there

A Kaneohe bus driver can still have a real injury claim when the insurance doctor pretends the MRI means nothing.

ARTICLE by Jennifer Nakamura

no-fault divorce

Defense lawyers and insurance adjusters sometimes use the phrase "no-fault" to make people think blame no longer matters at all. In a divorce, that is not what it means. A...

i got hit on my motorcycle in Waipahu and now some stranger is filming me

A first crash is bad enough, and it gets worse fast when the insurer sends a private investigator to catch you moving around and call you a liar.

ARTICLE by Keoni Makoa

Can I sue in Hilo if a recalled car part made my crash worse?

Yes - in Hawaii, you may have a separate product-liability claim if a defective or recalled part caused or worsened your injuries. The key question is who put the bad part into...

Honolulu city truck turned right into my bike and now they're saying I waited too long

A Honolulu cyclist hit by a city-owned truck may not have the clock start the same way they think if the serious injury was discovered later, but city claims bring a whole extra layer of hassle fast.

ARTICLE by Grace Santos

I didn't report my Waipahu fall right away. Did I ruin my case?

The costliest mistake is believing a same-day incident report is the only thing that makes a Hawaii slip-and-fall case real. It is not. What hurts claims most is lost evidence....

Why is insurance trying to blame me for my Waipahu crash?

What the insurance company does not want you to know is that blaming you early is how they cut payout value fast. Yes, this happens all the time in Hawaii. If you were driving...