You are stopped at a red light in Honolulu, watching the driver next to you scroll through their phone. Traffic starts to move, there is a blur of motion and sound, and the next thing you remember is flashing lights and questions about what happened. A few seconds of distraction on a busy island road can change your life in an instant.
At Law Office of Jon S. Jacobs, LLLC, we have spent more than 20 years helping people across the Hawaiian Islands after serious injuries, including car crashes that likely involved distraction. We understand how Honolulu traffic, tourist drivers, and local laws combine to create risk, and how to turn evidence of distraction into a strong personal injury claim. In the sections that follow, we want to share what we have learned so you can make informed decisions about your next steps.
What Are the Three Types of Distracted Drivers?
People often picture texting when they think about distracted driving, and phone use is a major issue. However, there is more to it.
There are three main types of distracted driving:
- Visual distraction: This occurs when a driver takes their eyes off the road, such as looking at a phone, GPS, or another passenger.
- Manual distraction: This occurs when a driver removes their hands from the wheel to perform another task, such as texting or adjusting controls.
- Cognitive distraction: Cognitive distraction occurs when a driver’s mind is not focused on driving, such as when they are distracted by a conversation or personal thoughts.
Understanding the type of distraction involved can be important when determining how a crash happened and who may be responsible. If you were the victim of distracted driving in Honolulu, seeking legal help is important.
What Should You Do if You Encounter a Suspected Distracted Driver?
Distracted drivers can pose serious dangers to everyone on the road, so taking precautions can help reduce the risk:
- Assume unawareness: Treat the distracted driver as if they do not see you, other vehicles, or obstacles around them.
- Create distance: Put as much space as possible between yourself and the distracted driver to stay out of harm’s way.
- Move ahead: If it is safe, get far enough ahead of the vehicle to avoid remaining near the danger.
- Slow down: If you cannot pass safely, reduce your speed and allow the distracted driver to move farther away.
- Stay alert: Pay close attention and avoid staying close to vehicles showing signs of unsafe driving.
However, even when you make an effort to avoid distracted drivers, their unpredictable actions can still result in an accident.
Why Distracted Driving Is Negligence Under Hawaii Law
Every driver on the road in Honolulu has a legal duty to use reasonable care, which includes paying attention to traffic, road conditions, and people around them. When someone chooses to drive while focused on a phone, a conversation, or anything else that takes their attention away, they can breach that duty. In Hawaii, that type of careless behavior can be considered negligence, and an injured person has the right to pursue a claim if that negligence caused their injuries.
Modified Comparative Negligence
Hawaii follows a modified comparative negligence rule, meaning multiple people can share responsibility for a crash. However, compensation may be reduced based on a person’s percentage of fault. If you are found to be 51% or more responsible, you may be barred from recovering compensation.
Insurance companies may attempt to argue that an injured person contributed to the accident. If a court or jury determines that you share fault, your compensation could be reduced by that percentage. That is why building a strong case with evidence and a clear understanding of fault is important after a distracted driving crash.
How to Prove a Driver Was Distracted After a Honolulu Crash
Most drivers do not admit, on the record, that they were looking at a phone when a crash occurred. Proving distracted driving usually requires piecing together several types of evidence.
Examples of evidence can include:
- Cell phone records: Phone records may help show whether a driver was texting, calling, or using their device around the time of the crash.
- Video footage: Traffic cameras, surveillance footage, or bystander recordings may show a driver’s actions before impact.
- Witness statements: People who saw the crash may provide important details about the driver’s behavior.
- Crash reports: Police reports may contain observations, statements, and details that support a distracted driving claim.
An experienced car accident lawyer can help investigate the cause of your crash and identify evidence that may support your claim.
What to Do After a Suspected Distracted Driving Crash in Honolulu
After a crash involving a potentially distracted driver, you may feel overwhelmed and unsure what to do next. Taking certain steps can help protect your health and preserve important information about the accident.
Helpful steps after a distracted driving crash may include:
- Move to safety: If you are able, move away from traffic and to a safe location. If your injuries prevent movement, wait for emergency responders.
- Call 911: Report the crash and request medical assistance if anyone is injured.
- Seek medical care: Get evaluated by a medical professional and follow any recommended treatment.
- Document the scene: Take photos of vehicle damage, road conditions, license plates, and any visible injuries if you are able.
- Exchange information: Collect the other driver’s name, contact information, and insurance details.
- Gather witness information: Ask for names and contact information from anyone who saw the crash.
- Notify your insurance company: Report the accident while avoiding unnecessary statements about fault.
- Contact a distracted driving accident lawyer: Discuss your rights and options before handling a claim on your own.
While every distracted driving accident looks different, taking these steps can help you in the long run.
Talk with a Honolulu Attorney About Your Distracted Driving Crash
Distracted driving in Honolulu is more than a traffic annoyance. It is a serious safety problem that can leave you dealing with medical treatment, missed work, and long-term changes to your daily life. When another driver’s choice to focus on a phone or other distraction leads to a crash, you can seek accountability and pursue compensation under Hawaii law.
Every collision and injury is different, and online information can only go so far. A brief conversation with an attorney who knows Honolulu roads and Hawaii personal injury laws can help you understand your options and the best way to move forward in your specific situation. We offer free initial consultations so you can ask questions, review what happened, and learn how a claim might work without any upfront cost or obligation.
Call (808) 736-0020 to talk with Law Office of Jon S. Jacobs, LLLC about a distracted driving crash in Honolulu.