How Does Contributory Negligence Affect Lawsuits in Hawaii?

Who or what caused an accident is not always clear cut. In fact, multiple parties may be at fault. If you were injured in an accident where you feel you were partially to blame, you may wonder whether you have the right to file a claim. This is where the legal concept of contributory negligence comes in.

Negligence means that a person has acted carelessly to cause harm to a person or property. A negligent person is obligated to compensate an injured person for losses. But when the injured party did something careless that contributed to the accident, the law of contributory negligence dictates that the injured party’s compensation must be reduced.

In a handful of states, contributory negligence is a complete bar to recovery. In others, the injured party must prove that the defendants are at least 50 percent responsible. Hawaii does not bar recovery, but reduces a plaintiff’s recovery in proportion to their liability.

For example, you were injured in a car accident and sustained $100,000 in losses, but the driver who hit you claims you were also negligent. The court finds that you must assume 15 percent of the blame. That reduces the amount you can recover by 15 percent. So, instead of recovering $100,000, you can only recover $85,000.

As you might imagine, defense attorneys, working for insurance companies, use allegations of contributory negligence to reduce the amount they have to pay to injured parties. This is yet another reason why you should entrust your case to an experienced personal injury attorney. To schedule a free consultation with Cronin, Fried, Sekiya, Kekina & Fairbanks, Attorneys At Law, call 808.524.1433 or contact us online.