In Hawaii, automobile accidents are a frequent cause of multiple injuries and potential fatalities. When these accidents occur, the victim may incur in an excessive amount of debt. These debts are due to medical expenses and automobile repairs. An accident attorney in Hawaii helps these victims to seek monetary awards from the responsible party.
When DUI is Involved
Automobile accidents that involve DUI charges become part of a criminal case. The officers on the scene conduct sobriety tests to identify the driver’s blood alcohol content reading. Once it is established that the driver was at fault, the victim has a right to seek compensation. The intoxicated driver is at fault based on their choice to drive while impaired.
When Civil and Criminal Cases Are Connected
The outcome of the criminal case could affect the results of the civil case. The victim has the right to file a lawsuit at any time. They aren’t restricted to the duration of the criminal case or the determination rendered by the judge. However, if the driver is convicted of a DUI, it could increase their odds of gaining a monetary award from the defendant.
Eliminating a Potential Counter-Suit
In automobile accident cases, the defendant may file a counter-suit against the victim. These actions are based on comparative fault. This ruling is based on any action taken by the victim that contributed to the cause of the accident. This could include moving violations such as speeding, reckless driving, or a failure to come to a complete stop. If any of these actions are proven causes for the accident, comparative fault is established.
What Happens with Comparative Fault?
Comparative fault could reduce the total value of the monetary award for the victim. The decrease is based on the total rate of fault. The judge assigns a percentage based on the moving violation that occurred. If the judge rules that the fault was shared equally, a monetary award isn’t granted.
Hawaii drivers may acquire a settlement based on the total value of their medical requirements and auto repair costs. These values are based on the medical records and repair estimates acquired by the victim. Victims who need to discuss these requirements with an accident attorney in Hawaii, should visit Autoaccidentattorneyhonolulu.com now for more information.
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