Walking through the streets of Honolulu can be a relaxing experience, but navigating busy intersections and bustling roads as a pedestrian isn’t always straightforward. Whether you’re rushing to cross the street or unsure of where it’s safe to do so, the risk of a pedestrian accident is very real. Last year, 37 pedestrians were killed in traffic accidents in Hawaii. Many more were injured.
Hawaii has been ranked the 13th most dangerous state for pedestrian fatalities. If you’ve been injured while walking—even if you were jaywalking—you may wonder, Is jaywalking illegal in Hawaii? Read on to learn more about jaywalking in Hawaii and how that might affect your injury claim.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we help injured pedestrians in Hawaii understand their options and fight for compensation when negligence plays a role in their accidents. Let’s break down what jaywalking is, Hawaii’s pedestrian laws, and what steps you can take after an accident.
What Is Jaywalking?
Jaywalking generally refers to crossing the street outside a designated crosswalk or against traffic signals. It often involves a pedestrian entering a roadway in a way that disrupts traffic or poses a safety risk. While it’s thought of as a minor infraction, jaywalking can have significant consequences, especially in vehicle accidents.
However, not all situations where pedestrians cross the road outside a crosswalk constitute jaywalking. For example, there are unmarked crosswalks in Hawaii where pedestrians have the legal right-of-way under specific conditions. Understanding the difference between lawful crossings and jaywalking is essential for staying safe and avoiding potential penalties.
Is Jaywalking Illegal in Hawaii?
The answer is yes, but the specifics depend on the circumstances. Hawaii law requires pedestrians to:
- Use marked crosswalks where they are available;
- Obey traffic signals, including pedestrian signals at intersections; and
- Yield the right-of-way to vehicles if crossing outside a marked or unmarked crosswalk at a location without traffic control signals.
Hawaii takes jaywalking seriously, issuing the country’s highest number of citations per capita. If a pedestrian accident occurs, jaywalking can complicate matters significantly.
How Jaywalking Impacts Liability in a Pedestrian Accident
If you’ve been involved in a pedestrian accident while jaywalking, you might wonder how it affects your ability to pursue compensation. In Hawaii, the principle of comparative negligence means that fault can be shared between the pedestrian and the driver, which can reduce the compensation you’re eligible to receive. As a general rule, you may still recover if your share of the fault is not more than the driver’s share, i.e., the driver’s share is 50% or more and your share is 50% or less.
For example, if a pedestrian was jaywalking but the driver was speeding or distracted, the driver may bear the most responsibility for the accident. Conversely, if the pedestrian crosses the street in a clearly unsafe manner, such as darting into traffic, they may be assigned a larger percentage of the fault and may not be entitled to a recovery.
Determining liability in a pedestrian accident involving jaywalking requires a thorough investigation. Evidence such as traffic camera footage, witness statements, and police reports can help clarify the circumstances and establish fault. This is where experienced legal representation becomes crucial to protect your rights.
Safety Tips for Pedestrians in Honolulu
While accidents can happen even under the safest conditions, taking proactive measures can help reduce the risk of being injured as a pedestrian. Here are some safety tips to keep in mind:
- Use marked crosswalks whenever possible. Crosswalks provide clear signals to drivers and pedestrians about where to expect foot traffic.
- Be cautious at unmarked crosswalks. While pedestrians often have the right-of-way, ensure drivers see you and are slowing down before crossing.
- Follow pedestrian signals. Obey walk and don’t walk signals, even when the street appears clear. Look both ways before crossing even if you have the walk signal.
- Stay alert and avoid distractions. Avoid using phones or wearing headphones while crossing streets to maintain full awareness of your surroundings. Using a cell phone while crossing a street in Honolulu is prohibited by law and subject to fines. Wearing headphones, especially noise canceling ones, are hazardous because they interfere with hearing the sound of approaching traffic or warnings from those around you.
- Dress to be seen. Wear brightly colored clothes during the day and avoid dark colors at night. If you’re going for a walk or jog after dark wear reflective material or a blinking light for pedestrians and bicyclists.
By following these steps, you can minimize risks and help ensure pedestrians and drivers share responsibility for road safety. Remember, even if you’re injured despite taking these precautions, you may still have legal options to seek compensation.
How Cronin, Fried, Sekiya, Kekina & Fairbanks Can Help
If you’ve been injured in a pedestrian accident—whether jaywalking or crossing legally—the legal team at Cronin, Fried, Sekiya, Kekina & Fairbanks can help. As one of Hawaii’s most respected plaintiffs’ law firms, we have extensive experience handling pedestrian injury cases and navigating the complexities of comparative negligence laws.
When you work with us, we will:
- Investigate the details of your accident to determine liability;
- Gather evidence, including witness statements and traffic camera footage, to build a strong case; and
- Advocate for your right to fair compensation through settlement negotiations or courtroom litigation.
Our goal is to ensure injured pedestrians receive the support and resources they need to recover physically, emotionally, and financially.
Contact a Hawaii Pedestrian Accident Lawyer
Understanding the state’s pedestrian safety laws can help you navigate the aftermath of an accident. While jaywalking may complicate your case, it doesn’t necessarily bar you from seeking compensation if a driver’s negligence played a greater role in the accident.
If you suffered injuries in a pedestrian accident in Honolulu, contact Cronin, Fried, Sekiya, Kekina & Fairbanks today for a free consultation. Let us help you explore your legal options and fight for the justice you deserve.
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