The Implications of Cell Phone Use and Auto Accidents in Honolulu

by | Nov 23, 2018 | Attorney

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Texting while driving is illegal in nearly all the states, including Hawaii. In fact, Hawaii prohibits using a handheld mobile phone behind the wheel for any purpose. Legislators have learned the disastrous consequences that can happen when drivers use these devices, particularly to read and send text messages. For this reason, they want to prevent as many auto accidents in Honolulu as possible.

No-Fault Insurance

Hawaii is a no-fault state in regard to vehicle insurance. Someone whose car is struck by another driver or who suffers an injury in an accident caused by another driver will receive compensation from their own insurance policy. If that driver was using a handheld mobile phone, the insurer may dispute paying for its own policyholder’s vehicle damage, injury treatments, and any lost wages. That’s because the policyholder was doing something illegal and unsafe.

Filing a Lawsuit

When auto accidents in Honolulu are especially serious, a person who was injured by another driver’s actions may decide to file a lawsuit. This person’s insurance policy is only required to pay the maximum the customer has chosen, and that may not be enough to cover all the hospital expenses, surgery and ongoing treatment afterward. The individual may not be able to return to work for a long time.

A lawyer with an organization such as Yoshida & Associates may be willing to represent an injured person in a lawsuit if the at-fault driver has enough assets to make the suit worthwhile. If a judge or jury in civil court sides with the plaintiff, the defendant would be required to pay compensation to cover the outstanding expenses related to the collision. If the defendant does not own real estate or have other assets to liquidate, there is no point in filing suit.

Relevant Statistics

An attorney such as the one from can make a good case for a client who was seriously harmed by a distracted driver. Statistics make it clear that nothing good comes from texting and driving. As of 2018, more than 25% of vehicle collisions each year involve cell phone usage.

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