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 — Negligence Per Se (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, and the amount in controversy exceeds the jurisdictional minimum of the District Court.

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 has satisfied the applicable tort-claim prerequisites of Hawaiʻi's Motor Vehicle Insurance Law, Haw. Rev. Stat. ch. 431:10C: Plaintiff has exhausted or is entitled to applicable personal-injury-protection benefits, and/or Plaintiff's injuries and damages exceed the applicable monetary threshold or constitute a permanent loss of a bodily function, permanent serious disfigurement, or other injury satisfying the statutory threshold, such that Plaintiff is entitled to maintain this tort action against Defendants.

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 and yield the right-of-way to Plaintiff in the crosswalk in violation of HRS § 291C-72; failed to keep a proper lookout; was traveling at an excessive or unsafe speed; was distracted; failed to exercise due care to avoid colliding with Plaintiff in violation of 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:

• Failing to stop for and yield the right-of-way to Plaintiff, a pedestrian crossing within a crosswalk (HRS § 291C-72);
• 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 — NEGLIGENCE PER SE (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 — the driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or approaching so closely from the opposite half as to be in danger, and shall not proceed until the pedestrian has passed and the driver can safely proceed;
• 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 and/or constitutes negligence per se under Hawaiʻi law, and 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 operated the Subject Vehicle with the permission and consent of Defendant Owner and/or within the course and scope of employment or agency with Defendant Owner, rendering Defendant Owner vicariously liable under the doctrine of respondeat superior.

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 costs and, where authorized by Haw. Rev. Stat. § 607-14 or other applicable authority, reasonable attorneys' fees; 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

• Statute of limitations — 2 years. Personal-injury claims must be filed within two years of accrual. Haw. Rev. Stat. § 657-7. Where the injured pedestrian received no-fault benefits, note the separate limitation rule running from the last no-fault payment (HRS § 431:10C-315(b)) — confirm which clock governs.
• 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. Hawaiʻi is a no-fault state (ch. 431:10C) with a $5,000 monetary / verbal injury threshold to sue in tort. A pedestrian is typically covered by the PIP of the striking vehicle; confirm the PIP source, exhaustion, and whether the threshold is met (Section 3).
• Driver's duties to pedestrians. HRS § 291C-72 requires a driver to stop for a pedestrian in a crosswalk; § 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. Hawaiʻi limits joint and several liability for non-economic damages by degree of fault under HRS § 663-10.9; economic damages generally remain joint and several. Account for this in framing the owner/vicarious claims and the prayer.
• Forum. Circuit Court (HRS § 603-21.5) where the amount in controversy exceeds the District Court minimum.

15. SOURCES AND REFERENCES

• Haw. Rev. Stat. § 657-7 (2-year personal-injury limitation) — https://www.capitol.hawaii.gov/
• 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://law.justia.com/codes/hawaii/title-17/chapter-291c/section-291c-72/
• 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); § 607-14 (fees)
• 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.