Hawai‘i drivers face a unique driving challenge. It is not just the sudden rainstorms that can blow through the islands; it’s the tourists. Nearly 9.7 million visitors came to Hawai‘i in 2025, and they spent just under $22 billion. That is good for the economy and our local businesses.
The problem comes with the drivers. Many of them aren’t familiar with our roads or traffic laws. That can lead to many accidents.
Of course, it’s not just visitors who can get into accidents, but also the locals who aren’t paying attention or are driving recklessly. Ironically, a huge share of crashes happen at the one place everyone is supposed to slow down and look: the intersection. Nationwide, about half of all traffic injuries are attributed to intersections.
Hawai‘i traffic laws are very clear about who has the right of way at an intersection. When a driver ignores those laws, they can be liable for the accident. Proving that is another issue. That is when you need to get a skilled Hawai‘i motor vehicle crash lawyer on your side. The right attorney can support your claim by securing vital evidence and negotiating with the insurance company for a fair settlement.
When it comes to protecting your financial security, you don’t want to leave anything to chance.
Traffic Right-of-Way Rules in Hawai‘i
Every driver has a duty to obey the right-of-way rules in Hawai‘i.
The right-of-way section of the state’s Statewide Traffic Code spells out these rules. Yes, these are the same rules from the state driver’s manual that you most likely memorized to pass your driver’s exam. You’ll also need to apply these same rules to the at-fault driver to establish liability.
Here are the rules that matter most at an intersection:
- Unmarked Intersections: Slow down and yield the right-of-way to any vehicle approaching or arriving on your right.
- 4-Way Stop Signs: The vehicle that arrives first goes first. If two vehicles arrive at the same time, yield to the vehicle on your immediate right. If two vehicles are straight across from each other and one is turning left, the vehicle going straight has the right-of-way.
- 2-Way Stop Signs: Vehicles on the roads without stop signs have the right-of-way.
- Left Turns: Vehicles turning left must yield to oncoming traffic that is already in the intersection or close enough to be a hazard.
- Entering from Private Property: Vehicles coming out of driveways, private roads, alleys, or parking lots must stop completely and yield to all traffic on the public roadway.
- Roundabouts: Yield to all traffic already circulating inside the circle before entering.
- Crosswalks & Intersections: Drivers must stop for pedestrians crossing at marked and unmarked crosswalks and intersections.
- Turning Vehicles: Vehicles turning right or left on a green light or right on red must yield to pedestrians legally crossing the street.
- Daylighting Rule: Since 2025, state law bars parking within 20 feet of a crosswalk or intersection, even where there’s no sign, so drivers and pedestrians can see each other.
If you can prove the at-fault driver broke any of these rules, it will strengthen your claim and make it easier to seek compensation.
The Role of Comparative Negligence and No-Fault Rules in Honolulu Crashes
Two important policies apply to car accident personal injury claims. These are Hawai‘i’s modified comparative negligence system and the state’s no-fault rule. Each affects how much compensation you can collect and who pays.
This is what these concepts mean for your claim:
Modified Comparative Negligence
Hawai‘i uses a modified comparative negligence system. This means you can recover compensation for an injury as long as your share of fault is 50% or less. In other words, your negligence can’t be greater than the combined negligence of the drivers you’re pursuing. If you are found more than 50% at fault, you are barred from recovering any damages.
When fault is assigned to you, your financial award is reduced by that percentage. For example, if you are awarded $100,000 in damages but found 20% at fault, your final recovery is reduced by 20%, netting you $80,000.
This system helps if you share responsibility for the accident.
Of course, it also gives an insurance carrier an opening to shift some of that blame, so they won’t have to pay out as much. Strong evidence on your side can prevent that.
No-Fault
In addition to modified comparative negligence rules, Hawai‘i is also a no-fault state for car accidents and bodily injuries. This does not apply to general personal injury claims or property damage.
Every car owner must carry a minimum of $10,000 per person of Personal Injury Protection (PIP). You can carry more, but it will cost more in premiums. After a car crash, you must file your initial medical and rehabilitation expense claims with your own insurance company, regardless of who caused the accident.
Basic PIP pays your medical and rehabilitation costs. It only covers lost wages if you bought optional wage-loss coverage.
No-fault doesn’t mean nobody is responsible, though. You can step outside the no-fault system and bring an injury claim against the at-fault driver if the crash causes a death, a significant permanent loss of use of a part or function of the body, a permanent and serious disfigurement, or PIP-covered medical costs that reach $5,000. If you later recover money from the at-fault driver for expenses PIP already paid, state law lets your insurance company recoup half of those PIP benefits.
This only applies to injuries. Property damage and vehicle repairs are handled through an at-fault/tort system.
Utilizing Traffic Camera Evidence to Prove Fault at an Intersection
Common traffic violations can be strong evidence of negligence. These include the following:
- Speeding
- Running Stop Signs or Red Lights
- Crossing Solid Lines
- Improper Lane Changes
- Mobile Device Use or Distracted Driving
- Driving Under the Influence of Drugs or Alcohol
One of the most effective ways to prove that the other driver was negligent is with traffic camera footage. Unfortunately, those cameras are limited. Oahu has the most live-view traffic cameras, covering major routes like H-1, H-2, H-3, and the cross-mountain highways. On the neighbor islands, live camera coverage is much thinner. Drivers can view many of these cameras online through GoAkamai.org.
The cameras most likely to catch an intersection crash are the state’s safety cameras at 10 downtown Honolulu intersections. When one of them catches a driver running a red light or speeding well over the limit, it records still images and a 12-second video.
If your car accident happened near cameras, act fast. Live traffic feeds are built for watching road conditions, so there’s no guarantee the moment of your crash was saved. Security cameras at nearby businesses and dashcams in other cars are often a better source, and many of those systems record over themselves on a loop unless someone asks for the footage to be preserved.
Your attorney can make that request directly.
Seeking Legal Help After a Hawai‘i Intersection Accident
As you approach an intersection, you might do everything right. You stop completely, assess approaching traffic, and proceed only when it is safe and you have the right-of-way.
Unfortunately, you can’t account for another driver’s reckless actions. If another driver causes an intersection accident, you’re entitled to seek a remedy for your losses.
Wayne Parsons Law Office can help you with that claim.
We have helped many Hawai‘i residents seek accountability after a car accident. If the other driver is a tourist, we can pursue the claim after they’ve left the island. We will also stand up to an insurance company to ensure that you are treated fairly, even if that means taking on your carrier.
When we believe in a client and have evidence to support their story, we will become fierce advocates fighting for what they are entitled to. If you’ve been involved in a car accident at an intersection or anywhere else, we want to hear from you.
Call to arrange a free case evaluation. You’ll feel better when you know your options.