Impaired Driving and Drunk Drivers

Impaired Driver and Drunk Driving Accidents in Hawaii

William H. Lawson and Amy L. Woodward, Personal Injury Lawyers in Hawaii, are experienced attorneys who have provided superior legal counsel in the State of Hawaii for clients injured by impaired driving, lack of attention while operating a motor vehicle, drunk driving, driving under the influence, reckless driving and/or dram shop liquor sellers for over 30 years. Although our main offices are Honolulu, Hawaii, we have provided trial representation in court for clients on Oahu, Maui, Kauai and the Big Island. Similarly, we have represented clients from many other states in the U.S. and from many other countries of the world for their legal matters in the State of Hawaii. With a strong emphasis in personal injury law, we primarily handle cases involving auto accidents, products liability, falls from height, trip & fall accidents, premises liability claims, maritime and boating, construction accidents, recreational injuries, wrongful death, brain injuries, spinal cord injuries, and car, truck, motorcycle, moped, pedestrian and other motor vehicle accidents. We handle claims against the state or federal government as well as claims against various types of insurance, including liability insurance, BI, uninsured motorist coverage, UM, underinsured motorist coverage, UIM, and other types of insurance. Whether an impaired driver caused an accident due to texting, using their phone while driving, drunk driving or so forth, if you have suffered damages and loss due to this type of serious personal injury, please contact us about your claims in Hawaii. Please contact Hawaii personal injury attorneys, William H. Lawson and Amy L. Woodward now on the New Client Hotline at 808-524-5300 or on the regular office line at 808-528-2525. Or send us an email from our contact page . We handle most cases on a contingency fee - so there is NO FEE IF NO RECOVERY, in other words there will be no charge for attorneys' fees in the event that the efforts to obtain a recovery are unsuccessful. Whether you are a local Kama'aina, a business visitor or a tourist, our law firm has the right attorney to help you with your accident claims in Hawaii. "Legal Help When You Need It Most"

Dram Shop Claims

Generally in Hawaii a dram shop (liquor liability) claim starts with a bar or liquor store selling alcoholic beverage to a person who is under the influence of alcohol at the time. If that person thereafter injures a third party, the Hawaii courts may impose liability on a commercial seller of the liquor for the damages caused. The Hawaii Supreme Court first recognized dram shop liability for liquor sales by commercial establishments in Ono v. Applegate, 62 Haw. 131, 612 P.2d 533 (1980).

Intoxicated adult drivers who injure themselves do not have a claim recognized by the Hawaii courts at this time. The claims of intoxicated minor drivers who injure themselves are generally are not recognized by the Hawaii courts at this time- Winters v. Silver Fox Bar, 71 Haw. 524, 797 P.2d 51 (1990) [A minor who sustains injury due to his or her own voluntary intoxication is not within class of persons protected by statute prohibiting sale of liquor to minors, and thus is precluded from a suing commercial liquor supplier. However, it is possible that the Hawaii Supreme Court is in the process of revisiting this issue. The Hawaii Supreme Court has found that a store operator may be held responsible to innocent third parties injured as result of an illegal sale to a minor even though the injuries were caused by an intoxicated minor other than minor who bought liquor, if such injury was a reasonably foreseeable consequence of the illegal sale. Reyes v. Kuboyama, 76 Haw. 137, 870 P.2d 1281 (1994). At present, however, it appears that only third parties who are injured by a drunk person's conduct are clearly protected by Hawaii's dram shop doctrine.

Social Hosts

The social host who throws a party and whose guest causes an accident after leaving, does not generally have liability under Hawaii law for damages caused. Only commercial establishments (including taverns, bars and liquor stores) are liabile under the present case law. It is yet to be determined, however, whether or not employers will be found liable for "Pau Hana" party drinkers on company premises or for intoxicated persons leaving the employer's premises after parties or celebrations.

Affirmative Acts

Certain persons (including taverns, bars and liquor stores) may become liable to an intoxicated person (or his estate) for his injuries if they commit "affirmative acts" which increase the risk or the severity of the injury to the intoxicated person. Although "aggressive selling" has been found not to constitute such an "affirmative act", it is probable that conduct such as transporting the person to a dangerous and busy intersection and leaving them there unattended would constitute such an affirmative act. See, Feliciano v. Waikiki Deep Water, Inc., 69 Haw. 605, 752 P.2d 1076 (1988).

The Deadline to File an Impaired Driving - Drunk Driving or Dram Shop Claim

The deadline for most impaired driving, drunk driving and dram shop (liquor liability) claims in Hawaii is two (2) years from the date of the injury. For those claims which arise out of car accidents, the deadlines for motor vehicle accident related claims may apply to certain aspects of such claims (see motor vehicle section of this website).

Our office charges on a contingency fee basis on most accident cases which we accept. There is no charge for an initial consultation to evaluate your case. E-mail us or call us at 1-808-528-2525 if you have any more questions. If you have a claim of this type, please take a few moments to Contact Personal Injury Lawyer Hawaii now to outline the nature of your claims and to get a free evaluation of your case. Thank you!

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