HAWAII MOTORCYCLE LAW*

 

Hawaii motorcyclists are protected under Hawaii motorcycle law that makes negligent drivers responsible and liable to Hawaii motorcyclists. A biker who is involved in a Hawaii motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Hawaii

 

If you sustained an injury due to a Hawaii motorcycle accident and you haven’t contacted a lawyer about your Hawaii motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.             1-877-Biker-Law (1-877-245-3752).

 

 

Ø      Hawaii Helmet Law: When riding on a Hawaii motorcycle, a helmet with reflectorization is required by law and required under age 18.

 

Ø      Hawaii Eye Protection: Required by law, unless Hawaii motorcycle is equipped with a windscreen.

 

HAWAII REVISED STATUTES ANNOTATED
DIVISION 1. GOVERNMENT
TITLE 17. MOTOR AND OTHER VEHICLES
CHAPTER 286. HIGHWAY SAFETY
PART IV. SAFETY EQUIPMENT

 

§ 286-81 Motorcycle, motor scooter, etc.; protective devices.
(a) No person shall:

(1) Operate a motorcycle or motor scooter, on any highway in the State unless the person and any passenger the person carries on the motorcycle or motor scooter wears:

(A) Safety glasses, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with windscreens or windshields; and

(B) Any other protective devices, other than a safety helmet, required by rules adopted by the director.
 
(b) No person less than eighteen years of age shall operate or ride as a passenger on a motorcycle or motor scooter on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap.

(c) A safety helmet shall not be required for any person who operates or rides as a passenger on a motorcycle or motor scooter; provided that the motorcycle or motor scooter:

(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6.

 

Ø      Hawaii is a No-Fault state.

 

HAWAII REVISED STATUTES ANNOTATED
DIVISION 2. BUSINESS
TITLE 24. INSURANCE
CHAPTER 431. INSURANCE CODE
ARTICLE 10C. MOTOR VEHICLE INSURANCE
PART I. GENERAL PROVISIONS

§ 431:10C-102 Purpose.

(a) The purpose of this article is to:

(1) Create a system of reparations for accidental harm and loss arising from motor vehicle accidents;

(2) Compensate these damages without regard to fault; and

(3) Limit tort liability for these accidents.

(b) To effectuate this system of motor vehicle insurance and to encourage participation by all drivers in the motor vehicle insurance system:

(1) Those uninsured drivers who try to obtain the privilege of driving a motor vehicle without the concomitant responsibility of an ability to compensate adequately those who are injured as a result of a motor vehicle accident are to be dealt with more severely in the criminal or civil areas than those who obtain the legally required motor vehicle insurance coverage;

(2) Those persons truly economically unable to afford insurance are provided for under the public assistance provisions of this article.

 

Ø      Hawaii Benefits Under No-Fault Law:

 

·         Medical Expenses

·         Loss of Income

·         Replacement Services

·         Funeral Expenses

·        Survivors’ Benefits

 

Ø      Hawaii is a No-Fault state. Hawaii has No-Fault limits of $10,000 per person. (see statute)

 

HAWAII REVISED STATUTES ANNOTATED
DIVISION 2. BUSINESS
TITLE 24. INSURANCE
CHAPTER 431. INSURANCE CODE
ARTICLE 10C. MOTOR VEHICLE INSURANCE
PART I. GENERAL PROVISIONS

§ 431:10C-103.5 Personal injury protection benefits; defined; limits.

 

(c) Personal injury protection benefits shall be subject to an aggregate limit of $10,000 per person for services provided under this section. An insurer may offer additional coverage in excess of the $10,000 aggregate limit for services provided under this section, or as provided by rule of the commissioner.

 

Ø      Hawaii Minimum Insurance Requirements for Hawaii Motorcycle: Compulsory Liability Insurance

 

Ø      Hawaii’s Statute of Limitations: If you are seeking non-economic damages are a result of injury that resulted from your Hawaii motorcycle accident, the statute of limitations for a personal injury claim in Hawaii is 2 years.

 

657-7  Damage to persons or property.  Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13.

 

Ø      Threshold Injury: To sue for non-economic damages resulting from your Hawaii motorcycle accident, you must meet a threshold injury requirement. One of the following requirements must be met to seek non-economic damages resulting from your Hawaii motorcycle accident.

 

·        Death

·        Significant Permanent Loss of Use of a Part of Function of the Body

·        Permanent Serious Disfigurement

·        Resulting from above injuries, subjection to mental or emotional suffering

·        As a result of injury from motor vehicle-related crash, PIP benefits equal or exceed $5,000

 

HAWAII REVISED STATUTES ANNOTATED
DIVISION 2. BUSINESS
TITLE 24. INSURANCE
CHAPTER 431. INSURANCE CODE
ARTICLE 10C. MOTOR VEHICLE INSURANCE
PART III. COVERAGES AND RIGHTS

§ 431:10C-306 Abolition of tort liability.

(a) Except as provided in subsection (b), this article abolishes tort liability of the following persons with respect to accidental harm arising from motor vehicle accidents occurring in this State:

(1) Owner, operator, or user of an insured motor vehicle; or

(2) Operator or user of an uninsured motor vehicle who operates or uses such vehicle without reason to believe it to be an uninsured motor vehicle.

(b) Tort liability is not abolished as to the following persons, their personal representatives, or their legal guardians in the following circumstances:

(1) Death occurs to the person in such a motor vehicle accident;

(2) Injury occurs to the person which consists, in whole or in part, in a significant permanent loss of use of a part or function of the body;

(3) Injury occurs to the person which consists of a permanent and serious disfigurement which results in subjection of the injured person to mental or emotional suffering; or

(4) Injury occurs to the person in a motor vehicle accident and as a result of such injury that the personal injury protection benefits incurred by such person equal or exceed $5,000; provided that in calculating this amount:

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Hawaii motorcycle law regarding Hawaii motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.