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HAWAII GUIDE 17

Hawaii Comparative Negligence & Crash Liability

Hawaii uses modified comparative negligence under HRS § 663-31. A claimant’s damages may be reduced by the claimant’s percentage of fault, and recovery is barred when the claimant’s negligence exceeds the combined negligence of the persons against whom recovery is sought.

  • Identify every potentially responsible driver, owner, employer, public entity and other actor.
  • Preserve physical, electronic and witness evidence relevant to fault allocation.
  • Separate causation issues from comparative-negligence percentages.
  • Apply current HRS § 663-31 and controlling Hawaii authority.

Publication review note — September 17, 2026. Primary starting point: HRS § 663-31. Verify current statutory text and controlling case law before publication.