Hit and Run in Hawaii: What You Need to Know
Car accidents are never pleasant, but when someone leaves the scene without stopping to render help or provide identification, it can become a criminal matter. In Hawaii, hit and run incidents are taken seriously by the law.
In this article, we will discuss Hawaii hit and run laws, procedures to follow, and penalties for those who flee the scene of an accident.
Hawaii Hit and Run Laws
The Hawaii legislature has outlined laws that mandate drivers to stop their vehicles in case of an accident. The law requires drivers who have been involved in an accident that results in property damage, injury, or death to stop immediately at the scene of the accident.
Drivers must give their name, contact information, and drivers license number to any other driver involved in the accident. According to Section 291C-13 of Hawaii State Law, a driver who leaves the scene without reporting the accident is considered a hit and run.
This is a criminal offense in Hawaii. The penalties depend on whether anyone was hurt in the incident.
Legal Obligation At the Scene
If you are involved in a car accident in Hawaii, the law requires you to stop at the scene and provide reasonable assistance to any injured persons. This includes calling for medical help or taking the injured to a hospital yourself if necessary.
You should also inform the police and wait for help to arrive. In addition to giving your name and contact information to other drivers involved in the accident, you should also give your drivers license number.
If you are unable to provide your license, you must explain why. You must give all this information to the police if they arrive.
Reporting the Incident
If the police do not arrive at the scene of the accident, you must report the incident to the nearest law enforcement office. You should provide your name, license number, and contact information.
You should also give a description of the other vehicle that was involved and the driver. If there are any witnesses, get their contact information too.
Penalty for Hit and Run with No Injuries
A driver who flees the scene of an accident with no injuries may face a $100 fine. In addition, the driver may be required to pay a surcharge to the victims of the accident.
Penalty for Hit and Run with Injuries
If someone is injured as a result of the accident, the driver who leaves the scene may face a misdemeanor charge. This may result in one year in jail and a fine of up to $2,000.
If the injuries are severe, the driver may face a felony charge and time in prison.
Hit and Run Procedure
If you are involved in an accident in Hawaii and the other driver leaves the scene, there are a few things you should do:
Collecting Information from the Driver
First, try and collect as much information as possible about the fleeing vehicle and driver. Get the license plate number, make, and model of the car.
If you are able to see the fleeing driver, take note of their physical appearance, clothing, and any distinguishing features.
Do Not Chase the Driver
Do not chase the other driver as this can be dangerous. Instead, call 911 immediately and give them the information you have collected.
If there are any witnesses, get their contact information as well.
Rendering Aid to Injured Persons
If anyone is injured as a result of the accident, you have a legal obligation to render reasonable assistance. Call for medical help or take the injured person to a hospital yourself if necessary.
Contacting an Attorney
If you have been involved in a hit and run accident, you should contact an attorney as soon as possible. An attorney can help you navigate the insurance claims process and ensure that you receive the compensation you are entitled to.
In Hawaii, the comparative negligence rule is used to determine fault. An attorney can help you understand how this applies in your case.
Conclusion
Hit and run accidents are a serious matter in Hawaii and can result in harsh penalties if the driver is caught. If you are involved in an accident, it is important to follow the law and stop at the scene, provide necessary help, and collect as much information as possible.
Remember, if you have been involved in a hit and run, contact an attorney immediately.
Teenagers and Hit and Run Accidents
Vehicle accidents can happen to anyone at any time, but when teenagers are involved, things can get a little more complicated. While most teenagers are responsible and conscientious drivers, some may make a mistake that results in a hit and run accident.
In Hawaii, these incidents are taken seriously, and teenagers involved in such accidents may face severe consequences.
Facing Trial in Adult Court
If a teenager is involved in a hit and run accident that results in vehicular manslaughter or homicide, they may be tried as an adult. This means that the case could be transferred to the adult court system, and the teenager may face the same penalties as an adult.
In Hawaii, if a teenager aged 16-18 is charged with an offense that would be a felony if committed by an adult, they can be tried as an adult.
Reporting the Incident and Contacting a Defense Attorney
If a teenager is involved in a hit and run accident, there are specific legal requirements they must meet. First and foremost, they must report the accident immediately.
This applies even if they were not driving the vehicle at the time of the accident. If a vehicle is under their care, they are responsible for reporting any accidents within ten days.
Additionally, it is crucial to contact a defense attorney as soon as possible. A defense attorney can help the teenager navigate the legal proceedings and provide guidance on the best course of action.
Other Hawaii Laws
Statute of Limitations
If someone is involved in a hit and run accident and wishes to take legal action, they must do so within two years. This is known as the statute of limitations, which is a legal deadline for filing a civil action.
If someone wishes to pursue legal action after the two-year window, their case may be dismissed.
Immediate Notice of an Accident
In Hawaii, drivers must immediately notify law enforcement if an accident results in death, injury, or damage exceeding $3,000. This requirement is in place to ensure that help is provided as soon as possible, and so the evidence is preserved.
Evidence Needed for Conviction
To secure a hit and run conviction, the prosecutor must present evidence that proves beyond a reasonable doubt that the defendant was involved in the accident and knowingly left the scene. This evidence can include eyewitness accounts, surveillance footage, and any documented damage to the vehicle.
Possible Defenses
While a hit and run is a serious offense, there are a few possible defenses. If the defendant left the scene because they feared for their safety, this may be a valid defense.
Similarly, if no injury or damage resulted from the accident, the defendant may argue that their actions were not willful. Lastly, if they were not driving the vehicle at the time of the accident, they may also be able to defend themselves successfully.
Conclusion
Teenagers involved in hit and run accidents face serious legal consequences that can affect the rest of their lives. However, by following Hawaii hit and run laws and consulting with a defense attorney after an accident, they can reduce the likelihood of negative outcomes.
The legal system in Hawaii has specific requirements for reporting accidents and taking legal action, and it is crucial to comply with them to ensure the best possible outcome. In Hawaii, hit and run accidents are taken seriously.
Drivers involved in an accident are mandated to stop and provide reasonable assistance. Failure to adhere to this legal obligation can lead to severe penalties, depending on the extent of injuries sustained during the accident.
Teenagers involved in hit and run accidents may face trial in an adult court and must report the accident immediately under their care. It is essential to contact a defense attorney when involved in a hit and run accident.
While various defenses are possible, including fear for safety, it is crucial to follow the legal procedures as stipulated in Hawaii. Remember, responsible and safe driving might be the difference between life and death.