Find a Lawyer by Practice
Find a Lawyer by Location
This video features Wayne D. Parsons, a Medical Malpractice attorney based in Hawaii.
How is fault determined in Hawaiʻi after a car accident? That's what we ask Hawaii lawyer Wayne Parsons for this Ask the Lawyers Quick Question.
In Hawaiʻi, everybody's fault is evaluated before a final decision is made. The final arbiter is the decisioning court. Most cases don't go to court, so they settle out of court, they settle before trial. Over 95% of the cases that are filed settle before a trial, so no determination of fault is ever made. The parties agree to a settlement, and in the settlement, the defendant pays the plaintiff money, and then has the plaintiff sign something and what the plaintiff signs, the defendant says, "We're not admitting that we did anything wrong." So the only way to really determine fault, the legal fault is determined in a trial where a jury of regular people make a decision and say, "The defendant was at fault." And by the way, in that trial, they can also make a finding that the plaintiff was at fault.
Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.
This link leads to a site outside of AskTheLawyers™. By selecting "Accept", the link will open in a new tab.