Pedestrian Accident Complaint - Hawaii

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION) — HAWAIʻI

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Compliance With Hawaiʻi Motor Vehicle Insurance Law
4. General Factual Allegations
5. Count I — Negligence (Against Defendant Driver)
6. Count II — Traffic-Rule Violation as Evidence of Negligence (Against Defendant Driver)
7. Count III — Vicarious Liability / Negligent Entrustment (Against Defendant Owner)
8. Damages
9. Uninsured / Underinsured Motorist and Hit-and-Run Note
10. Prayer for Relief
11. Demand for Trial by Jury
12. Verification
13. Signature and Service Blocks
14. Hawaiʻi Practice Notes
15. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] CIRCUIT

STATE OF HAWAIʻI

Civil No. [____________]

(Tort — Pedestrian Collision)

COMPLAINT FOR DAMAGES (PEDESTRIAN COLLISION); DEMAND FOR JURY TRIAL; SUMMONS

Plaintiff, by and through undersigned counsel, alleges and avers as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is an adult resident of the [____] Circuit, State of Hawaiʻi, and at all relevant times was a pedestrian lawfully using the public roadways and crosswalks of this State.

2. Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") is an adult who, at all relevant times, operated a [YEAR / MAKE / MODEL] motor vehicle (the "Subject Vehicle") and may be served pursuant to Haw. R. Civ. P. 4 at [SERVICE ADDRESS].

3. Defendant [DEFENDANT OWNER NAME] ("Defendant Owner") is [an individual / a corporation / an LLC] who/that, at all relevant times, was the registered owner of the Subject Vehicle and/or the employer of Defendant Driver, and may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This Court has subject-matter jurisdiction pursuant to Haw. Rev. Stat. § 603-21.5. The amount in controversy exceeds $5,000, and Plaintiff demands trial by jury in this Complaint. See Haw. Rev. Stat. § 604-5(b).

5. Venue is proper in this Circuit under Haw. Rev. Stat. § 603-36 because the collision giving rise to this action (the "Subject Collision") occurred within this Circuit and/or one or more Defendants reside or may be served here.

3. COMPLIANCE WITH HAWAIʻI MOTOR VEHICLE INSURANCE LAW

6. Plaintiff may pursue this motor vehicle tort action under Haw. Rev. Stat. § 431:10C-306(b) because [SELECT AND STATE FACTS: the person died in the accident / the injury caused significant permanent loss of use of a body part or function / permanent and serious disfigurement caused mental or emotional suffering / PIP benefits incurred as calculated under subsection (b)(4) equal or exceed $5,000]. Supporting facts and counted benefits: [________________________________].

4. GENERAL FACTUAL ALLEGATIONS

7. On [__/__/____] at approximately [TIME], Plaintiff was lawfully crossing [STREET / ROUTE] [within a marked crosswalk / within an unmarked crosswalk at the intersection / with the pedestrian "WALK" signal] at or near [INTERSECTION / LOCATION] in the [____] Circuit, State of Hawaiʻi (the "Subject Collision").

8. At the same time and place, Defendant Driver was operating the Subject Vehicle, owned by Defendant Owner, traveling [DIRECTION] on the same roadway.

9. Defendant Driver negligently [DESCRIBE CONDUCT — e.g., failed to stop for Plaintiff in a crosswalk without an applicable pedestrian signal under HRS § 291C-72; failed to yield to Plaintiff facing a WALK signal under HRS § 291C-33(1); failed to keep a proper lookout; was traveling at an unsafe speed; was distracted; failed to exercise due care under HRS § 291C-74], causing the Subject Vehicle to strike Plaintiff.

10. At all material times Plaintiff exercised due care for his/her own safety, was visible to approaching traffic, and was crossing [within the crosswalk / with the right-of-way / in compliance with the applicable pedestrian-control signal] in compliance with the traffic laws of Hawaiʻi.

11. As a direct and proximate result of the Subject Collision, Plaintiff — an unprotected pedestrian without the structural protection, restraint systems, or crumple zones of an enclosed vehicle — was struck and thrown to the pavement and sustained serious, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, degloving/road rash, and disfiguring scarring].

12. The [name of law-enforcement agency] responded and prepared a traffic crash report, [and cited Defendant Driver for violation of HRS § [____]].

13. Plaintiff received emergency care at [HOSPITAL] and has since undergone [MEDICAL TREATMENT SUMMARY — surgeries, hospitalization, rehabilitation], with care continuing, and will require future medical care.

5. COUNT I — NEGLIGENCE (Against Defendant Driver)

14. Plaintiff re-alleges and incorporates Paragraphs 1 through 13 as though fully set forth herein.

15. Defendant Driver owed Plaintiff a duty to operate the Subject Vehicle with reasonable care, to obey Hawaiʻi's traffic laws, to keep a proper lookout for pedestrians, to yield to and stop for pedestrians in crosswalks, and to exercise due care to avoid colliding with any pedestrian on the roadway.

16. Defendant Driver breached that duty by one or more of the following acts or omissions:

• If no pedestrian-control signal governed the crossing, failing to stop for Plaintiff in the crosswalk (HRS § 291C-72);
• If Plaintiff faced a WALK signal, failing to yield the right-of-way to Plaintiff (HRS § 291C-33(1));
• Failing to exercise due care to avoid colliding with Plaintiff (HRS § 291C-74);
• Failing to keep a proper and careful lookout for pedestrians;
• Operating the Subject Vehicle at an excessive or imprudent speed for conditions;
• Operating the Subject Vehicle while distracted or inattentive;
• Failing to sound a warning or take evasive action when the danger to Plaintiff was or should have been apparent; and/or
• Otherwise failing to exercise reasonable care under the circumstances.

17. Defendant Driver's breach was the actual and proximate cause of the Subject Collision and of Plaintiff's injuries and damages.

18. As a direct and proximate result, Plaintiff has suffered the damages set forth in Section 8 below.

6. COUNT II — TRAFFIC-RULE VIOLATION AS EVIDENCE OF NEGLIGENCE (Against Defendant Driver)

19. Plaintiff re-alleges and incorporates Paragraphs 1 through 18 as though fully set forth herein.

20. The Hawaiʻi traffic statutes governing pedestrian right-of-way and driver due care were enacted to protect the class of persons to which Plaintiff belongs — pedestrians lawfully using the roadway — against the type of harm that occurred. These include, as applicable to the manner of the Subject Collision:

• HRS § 291C-72 — select for a crosswalk crossing without a governing pedestrian signal when the pedestrian was in or approaching the vehicle's half of the roadway closely enough to be endangered;
• HRS § 291C-33(1) — select when Plaintiff faced a WALK signal and Defendant Driver failed to yield the right-of-way;
• HRS § 291C-74 — every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person; and
• [OTHER APPLICABLE PROVISION — e.g., speed (HRS § 291C-101 et seq.); verify exact section].

21. Defendant Driver violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and was cited for [TRAFFIC CITATION, IF ANY]. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Subject Collision is the type of harm those statutes were designed to prevent.

22. Defendant Driver's violation of these statutes is evidence of negligence to be weighed with the other evidence. Defendant Driver’s negligent conduct was a proximate cause of the Subject Collision and of Plaintiff's injuries and damages.

7. COUNT III — VICARIOUS LIABILITY / NEGLIGENT ENTRUSTMENT (Against Defendant Owner)

23. Plaintiff re-alleges and incorporates Paragraphs 1 through 22 as though fully set forth herein.

24. At the time of the Subject Collision, Defendant Driver was Defendant Owner's [employee / agent] and was acting within the scope of that [employment / agency] by [FACTS SHOWING THE ASSIGNED DRIVING ACT AND ITS PURPOSE]. Defendant Owner is vicariously liable for Defendant Driver's negligence within that scope.

25. In the alternative, Defendant Owner negligently entrusted the Subject Vehicle to Defendant Driver with actual or constructive knowledge of Defendant Driver's incompetence, inexperience, or reckless propensities, and such negligent entrustment was a proximate cause of the Subject Collision and Plaintiff's damages.

26. Accordingly, Defendant Owner is jointly and severally liable for the damages proximately caused by Defendant Driver, to the extent permitted by Haw. Rev. Stat. § 663-10.9.

8. DAMAGES

27. As a direct and proximate result of Defendants' conduct, Plaintiff has sustained and seeks recovery of:

• Special (economic) damages: past and future medical, hospital, surgical, and rehabilitative expenses; past wage loss; future loss of earning capacity; and out-of-pocket losses, including damage to clothing and personal effects.
• General (non-economic) damages: past and future physical pain and suffering, mental anguish, disfigurement and permanent scarring, permanent impairment, and loss of the enjoyment of life, in an amount to be proven at trial.

28. Punitive damages. Defendant Driver acted wantonly, oppressively, or with such malice or reckless indifference to the rights of others as to warrant punitive damages under Hawaiʻi law.

9. UNINSURED / UNDERINSURED MOTORIST AND HIT-AND-RUN NOTE

This paragraph is reserved to address any uninsured/underinsured motorist (UM/UIM) claim, including a hit-and-run collision. If applicable, Plaintiff asserts a claim against [UM/UIM CARRIER] under Policy No. [________], alleging that Plaintiff is an insured, that all conditions precedent have been met, and that UM/UIM benefits due and owing remain unpaid.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

• A. Enter judgment against Defendants for all special and general damages in amounts to be proven at trial;
• B. Award punitive damages where authorized;
• C. Award pre-judgment and post-judgment interest as permitted by law;
• D. Award taxable litigation costs as allowed by law; and
• E. Grant such other and further relief as the Court deems just and proper.

11. DEMAND FOR TRIAL BY JURY

Pursuant to Article I, Section 13 of the Constitution of the State of Hawaiʻi and Haw. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

12. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint and know its contents, and that the same is true of my own knowledge except as to those matters stated on information and belief, and as to those matters I believe them to be true.

DATED: [City], Hawaiʻi, [__/__/____].

[________________________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

DATED: [City], Hawaiʻi, [__/__/____].

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Hawaiʻi Bar No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER] | Email: [EMAIL]

14. HAWAIʻI PRACTICE NOTES

• Motor-vehicle tort filing deadline. Under HRS § 431:10C-315(b), file within two years after the latest applicable date: the collision, the last motor-vehicle insurance or optional-benefit payment, or the last workers' compensation or public-assistance payment arising from the collision. Confirm each payment date before filing.
• Negligence regime — modified comparative. Haw. Rev. Stat. § 663-31: the plaintiff may recover if his/her negligence is NOT GREATER THAN the negligence of the defendants against whom recovery is sought (i.e., up to and including 50%), with damages diminished in proportion to the plaintiff's fault; a plaintiff whose fault is greater than the defendants' aggregate fault (more than 50%) is BARRED. In pedestrian cases, the defense routinely argues the pedestrian "darted out," crossed against the signal, or crossed outside a crosswalk (HRS § 291C-73); plead the pedestrian's due care and lawful crossing.
• No-fault / PIP threshold. For a motor vehicle tort claim, plead a supported § 431:10C-306(b) route: death, a qualifying permanent injury or disfigurement, or at least $5,000 in PIP benefits incurred as the statute calculates them. Total medical bills and PIP exhaustion are not substitutes for that calculation (Section 3).
• Driver's duties to pedestrians. For a crossing governed by a WALK signal, use § 291C-33(1) for the pedestrian's right-of-way. For a crosswalk without a governing signal, use § 291C-72's stop rule. Section 291C-74 imposes an independent duty of due care to avoid colliding with any pedestrian (and proper precaution upon observing a child or an obviously confused or incapacitated person) even where the pedestrian was crossing outside a crosswalk (§ 291C-73).
• UM/UIM and hit-and-run. Coverage must be offered (HRS § 431:10C-301); stacking generally prohibited. A pedestrian struck by an uninsured, underinsured, or hit-and-run motorist may have a first-party claim under his/her own or a resident relative's policy.
• Joint and several liability. For a tort relating to a motor-vehicle collision, HRS § 663-10.9(2)(F) retains joint and several liability for both economic and noneconomic damages. The highway-design exception in subsection (4) and other applicable limits require separate review. Account for the applicable rule in the owner/vicarious claims and the prayer.
• Forum. Circuit Court (HRS §§ 603-21.5, 604-5(b)); for a jury demand made in the complaint, allege an amount in controversy above $5,000.

15. SOURCES AND REFERENCES

• Haw. Rev. Stat. § 431:10C-315(b) (motor-vehicle tort filing deadline) — https://data.capitol.hawaii.gov/hrscurrent/Vol09_Ch0431-0435H/HRS0431/HRS_0431-0010C-0315.htm
• Haw. Rev. Stat. § 663-31 (comparative negligence) — https://law.justia.com/codes/hawaii/
• Haw. Rev. Stat. § 291C-72 (pedestrians' right-of-way in crosswalks) — https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0072.htm
• Haw. Rev. Stat. § 291C-33(1) (pedestrian WALK signal) — https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0033.htm
• Haw. Rev. Stat. § 291C-73 (crossing at other than crosswalks); § 291C-74 (drivers to exercise due care)
• Haw. Rev. Stat. ch. 431:10C (Motor Vehicle Insurance Law / no-fault); § 431:10C-301 (UM/UIM); § 431:10C-315 (limitation)
• Haw. Rev. Stat. § 663-10.9 (joint and several liability)
• Haw. Rev. Stat. § 603-21.5, § 603-36; Haw. R. Civ. P. 4, 8, 38

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Hawaiʻi must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities — including the no-fault treatment of the claim under HRS ch. 431:10C — before use.