Pedestrian accidents are increasing at an alarming rate in Hawaii. At Cummings Law, we are committed to the principle that if you suffer harm in a pedestrian accident due to the negligence, recklessness, or malice of another person, you have the right to be compensated. Once we investigate the circumstances of your accident, collect evidence, examine police records and medical data and determine whether you have a viable case, our personal injury attorney will do whatever it takes to win you the damages you deserve. When you deal with Cummings Law, not only is your initial consultation free, but you will be charged no attorneys’ fees until we win your case.
The Nature of Pedestrian Accident Injuries
According to the Centers for Disease Control (CDC), the most common injuries seen in pedestrian collisions are:
- Traumatic brain injuries (TBIs) that may affect vision, hearing, or cognitive function
- Musculoskeletal injuries, such as fractures and ligament tears
- Chest and abdominal injuries, including organ damage
- Spinal cord injuries that may result in paralysis and/or bowel or sexual dysfunction
Whether you have suffered one of the above injuries or borne the tragedy of losing a family member to wrongful death, Cummings Law is here to protect your rights. Our lead attorney, Brian Cummings, has outstanding credentials and a long-term history of success, both in and out of the courtroom. He will take over the burden of all logistical, legal and insurance matters so that you can begin to heal from the physical and emotional trauma you have just been through.
Reasons for Pedestrian Accidents
Many factors contribute to pedestrian accidents. Most of the time, however, human error is to blame and we will hold the driver accountable. Reasons for pedestrian accidents include:
- Distracted driving (e.g. while texting, talking on the phone, reaching)
- Speeding and/or driving recklessly
- Failing to yield the right of way to pedestrians at crosswalks
- Disobeying traffic signs or signals
- Failing to signal while turning
- Disregarding weather or traffic conditions
- Driving while impaired by drugs or alcohol
- Driving while drowsy or fatigued
- Failing to give a pedestrian in the crosswalk the right of way
Though we usually think the blame of pedestrian accidents rests on the shoulders of the driver, in some cases the pedestrian may bear partial, or even total, blame for the accident. Since at Cummings Law we know that the defense will look for a chink in our armor at trial, we will make sure to understand whether you bear any responsibility for your own injury before going into court.
So that we can prepare a winning legal strategy in advance of trial, we will clarify with you whether any of the following pertains to your situation:
- You had any alcohol or drugs in your system at the time of the accident
- You disobeyed a traffic sign
- You crossed where there was no crosswalk
- You were distracted by your smartphone or inattentive for some other reason
- You darted in front of a vehicle
As most of us are aware, distracted walking has become as common as distracted driving. Too many pedestrians text or look at screens even while crossing the street. Not only that, but almost three-quarters of pedestrian accidents occur at dusk or during the night when visibility is limited and there is often heavy traffic. Even though you may bear some responsibility for the accident in which you were seriously injured, Brian Cummings will support you to make certain that you receive the damages you are entitled to by law.
Negligence Laws in Hawaii
Pedestrian accident laws differ from state to state. Fortunately, Brian Cummings has comprehensive, in-depth knowledge of these laws in Hawaii and will help to clarify them for you. They include two major components not applicable in all states:
- No-fault is a bit of a misnomer. It doesn’t mean that you can’t sue someone who has hit you while driving if his or her negligence has resulted in your injuries. It does, however, mean that you will first have to file a claim for damages with your own insurance company. We will be able to file a lawsuit against the at-fault driver, but only if your accident has resulted in over $5,000 in benefits paid under the no-fault policy (a very low threshold for personal injury costs), or if you suffered permanent injuries — loss of a body part or body function, or disfigurement serious enough to cause mental anguish.
- Comparative negligence means that the court may decide, as discussed earlier, that you are partially responsible for the accident and assign you a percentage of blame. If you are assigned 20 percent of the blame, for example, you will receive only 80 percent of the damages awarded. So, if you are awarded 1 million dollars and found to bear 20 percent of the fault, you will receive $800,000 — your award minus your own percent of liability.
- “Modified comparative negligence” means that if the court finds you to be 51 percent or more at fault, you will not be eligible to receive any compensation at all.
Contact Our Honolulu Pedestrian Accident Attorney
When you contact our office, you will find that we are as kind and compassionate in person as we are aggressive and fearless in court. We have the experience and skills you need and we are used to winning. Contact us for a free consultation as soon as possible so we can restore your sense of stability and control. You will be glad you did.