Hawaii News Now reports that police are investigating a critical personal injury accident in Kapahulu. Initial reports indicate that the pedestrian accident occurred on Kapahulu Avenue near Rainbow Drive-In. A 35-year-old pedestrian was critically injured. Apparently, a 62-year old man was driving his Mustang southbound when he saw the man standing in the middle of the road. Despite attempts to avoid an accident, the driver hit the man. The pedestrian is now in critical condition with a possible head injury.
It is unclear why the man was standing in the middle of the road, whether he was trying to cross the road, or was confused, or was there for some other purpose.
Whenever an accident occurs, obtaining all the critical facts is crucial before making assumptions or drawing conclusions. Further while pedestrians may have the right of way in certain circumstances, it is not unlimited. Similarly, while cars must have a general duty to exercise care not to hit pedestrians, where pedestrians are in the road outside of designated cross walks or otherwise crossing improperly – these factors are taken into consideration in assessing fault.
Other factors to consider include whether the governmental entity in charge of the particular street or roadway has properly designated pedestrian cross walks. If not, accidents may be attributed to roadway negligence.
For more information, or if you or a loved one has been injured in a Hawaii traffic accident, please contact the dedicated Hawaii personal injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.
