Impaired Driving and Drunk Drivers Hawaii
Car Accidents, Distracted Driving, Texting, Cell phone, Intoxication, Alcohol, Bars, Liquor Stores, and other Injury Claims
Attorneys William H. Lawson and Amy L. Woodward - Oahu, Maui, Honolulu, and Hawaii
PERSONAL INJURIES AND ACCIDENTAL WRONGFUL DEATH
Impaired Driver and Drunk Driving Accidents in Hawaii
- William H. Lawson and Amy L. Woodward, Personal Injury Lawyers in Hawaii, are experienced attorneys who provide superior legal counsel in the State of Hawaii for clients involving impaired driving claims, lack of attention while operating a motor vehicle, drunk driver claims, accidents arising from driving under the influence, injuries from reckless driving and/or dram shop liability for over 30 years. Although their main offices are Honolulu, Hawaii, we have provided trial representation in court for clients on Oahu, Maui, Kauai and the Big Island. Similarly, we have represented clients from many other states in the U.S. and from many other countries of the world for their legal matters in the State of Hawaii. With a strong emphasis in personal injury law, we primarily handle cases involving auto accidents, products liability, falls from height, trip & fall, premises liability claims, maritime and boating, construction accidents, recreational injuries, wrongful death, brain injuries, spinal cord injuries, and car, truck, motorcycle, moped, pedestrian and other motor vehicle accidents. We handle claims against the state or federal government as well as claims against various types of insurance, including liability insurance, BI, uninsured motorist coverage, UM, underinsured motorist coverage, UIM, and other types of insurance. Whether an impaired driver caused an accident due to texting, holding their phone, drunk driving or so forth, if you have suffered damages and loss due to this type of serious personal injury, please contact us about your claims in Hawaii. Please contact Hawaii personal injury attorneys, William H. Lawson and Amy L. WOodward now on the New Client Hotline at 808-524-5300 or on the regular office line at 808-528-2525. Or send us an email from this contact page . We handle most cases on a contingency fee - so there is NO FEE IF NO RECOVERY, in other words there will be no charge for attorneys' fees in the event that the efforts to obtain a recovery are unsuccessful. Whether you are a local Kama'aina, a business visitor or a tourist, our law firm has the right attorneys to help you with your accident claims in Hawaii. "Legal Help When You Need It Most"
Dram Shop Claim Information
Generally in Hawaii a dram shop (liquor
liability) claim starts with a bar or liquor store selling alcoholic
beverage to a person who is under the influence of alcohol at the time. If
that person thereafter injures a third party, the Hawaii courts may impose
liability on a commercial seller of the liquor for the damages caused. The
Hawaii Supreme Court first recognized dram shop liability for liquor sales by
commercial establishments in Ono v. Applegate, 62 Haw. 131, 612 P.2d
533 (1980).
Intoxicated adult drivers who injure themselves do not have a
claim recognized by the Hawaii courts at this time. The claims of intoxicated
minor drivers who injure themselves are generally are not recognized by the Hawaii courts at
this time- Winters v. Silver Fox Bar, 71 Haw. 524, 797 P.2d 51 (1990) [A minor who sustains
injury due to his or her own voluntary intoxication is not within class of persons protected by
statute prohibiting sale of liquor to minors, and thus is precluded from a suing commercial liquor
supplier. However, it is possible that the Hawaii Supreme Court is in the process of revisiting
this issue. The Hawaii Supreme Court has found that a store operator may be held responsible to
innocent third parties injured as result of an illegal sale to a minor even though the injuries
were caused by an intoxicated minor other than minor who bought liquor, if such injury was a
reasonably foreseeable consequence of the illegal sale. Reyes v. Kuboyama,
76 Haw. 137, 870 P.2d 1281 (1994)
At present, however, it appears that only third parties who are injured
by a drunk person's conduct are clearly protected by Hawaii's dram shop
doctrine.
Social Hosts
The social host who throws a party and whose guest causes an accident
after leaving, does not generally have liability under Hawaii law for damages caused.
Only commercial establishments (including taverns, bars and liquor stores)
are liabile under the present case law. It is yet to be determined, however,
whether or not employers will be found liable for "Pau Hana" party drinkers on
company premises or for intoxicated persons leaving the employer's premises
after parties or celebrations.
Affirmative Acts
Certain persons (including taverns, bars and liquor stores) may become
liable to an intoxicated person (or his estate) for his injuries if they
commit "affirmative acts" which increase the risk or the severity of the
injury to the intoxicated person. Although "aggressive selling" has been
found not to constitute such an "affirmative act", it is probable that conduct
such as transporting the person to a dangerous and busy intersection and
leaving them there unattended would constitute such an affirmative act. See,
Feliciano v. Waikiki Deep Water, Inc., 69 Haw. 605, 752 P.2d 1076
(1988).
The Deadline to File an Impaired Driving - Drunk Driving or Dram Shop Claim /p>
The deadline for most impaired driving, drunk driving and dram shop (liquor liability) claims in
Hawaii is two (2) years from the date of the injury. For those claims
which arise out of car accidents, the deadlines for motor vehicle accident
related claims may apply to certain aspects of such claims (see motor vehicle
section of this website).
-Our office charges on a contingency fee basis in accident cases which we accept. There is no charge for an initial consultation to evaluate your case. E-mail us or call us at 1-808-528-2525 if you have any more questions.
-If you believe that you may have a claim of this type, please take a few moments to contact us to outline the nature of your claim. Thank you!
Contact Personal Injury Lawyer Hawaii now
for a free evaluation of your case.
|