How does liability for a car accident get determined?
In Hawaii, liability for a car accident is determined based on the principles of negligence. Negligence is a legal term that means one party failed to act in a responsible manner and caused an accident that resulted in injury or property damage. In order to prove negligence, the person who claims to have been wronged by the other must prove that the other party had a duty of care, that they breached that duty, and that the breach caused the injury or damage. To determine liability for a car accident, the court will first establish which party or parties had a legal duty of care. Generally, drivers in Hawaii have a duty to drive reasonably and safely, taking into account the circumstances and the weather. If another driver breached this duty, then the court may assign fault to that driver. The court may also look at the actions of any other parties involved, such as pedestrians or bicyclists, to determine what role they played in the accident. The court will also examine the extent of the damages caused by the accident. If the damages are found to be serious, such as serious injury or death, then the court may assign a greater degree of liability to the negligent party. Finally, the court will look at evidence such as witness statements, photographs, and police reports to determine who was at fault and assign liability accordingly. In the end, the court will decide who is most responsible and the degree of fault assigned to that party.
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