STATE LAW – HAWAII LIBRARY – 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.
Hawaii uses modified comparative negligence
HRS § 663-31 permits recovery when the claimant’s negligence is not greater than the negligence of the person, or aggregate negligence of the persons, against whom recovery is sought. Damages are reduced in proportion to the claimant’s percentage of negligence.
Fault allocation can involve multiple actors
Driver fault may overlap with owner, employer, public-entity, roadway, product or other negligence theories. Hawaii’s broader tort-allocation statutes, including HRS § 663-10.9, can affect joint and several liability depending on the type of claim and percentage of fault.
- Identify every potentially responsible actor.
- Preserve physical, electronic and witness evidence.
- Separate negligence from legal causation and damages.
- Apply the statutory fault-allocation framework before calculating net recovery.
Primary statute
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Official Sources
Verify current Hawaii law at the source
The reviewed Hawaii guide content above is preserved. Use current statutes, insurance regulations, controlling cases and the operative policy before legal reliance.
Citizen crossroads