Hawaii Drunk Driving Accident Lawyer

When a motorist makes the reckless choice to operate a vehicle under the influence of alcohol or drugs, they put every single person on Hawaii’s roadways at risk. At Rosenberg Hoffman, we have seen firsthand the devastating, lifelong pain and suffering that drunk drivers inflict on innocent individuals and families.

If you or a loved one was injured by an intoxicated driver on Oahu, you have a right to seek justice. While criminal charges punish the driver for breaking the law, a civil personal injury claim is the only way for you to secure the financial recovery needed to rebuild your life. Our Honolulu-based attorneys bring over 100 years of combined experience to your side, fighting vigorously to hold negligent motorists accountable and put fair and just compensation in your hands.

The Rosenberg Hoffman Advantage: Direct Legal Advocacy

Dealing with the aftermath of a drunk driving crash is overwhelming. You should not have to handle corporate insurance adjusters alone, nor should you be passed off to assistants or paralegals. At Rosenberg Hoffman, you will always work directly with your attorney. We handle every legal hurdle on your behalf so you can focus entirely on your physical and emotional recovery.

The Severe Impact of Drunk Driving Crashes

Because intoxicated drivers often fail to brake or attempt evasive maneuvers before a collision, drunk driving accidents frequently occur at high speeds and cause catastrophic, life-altering injuries. Our firm routinely represents clients struggling with severe trauma, including:

Bone fractures and orthopedic injuries
Traumatic brain injuries (TBIs) and severe concussions
Whiplash, neck injuries, and soft tissue damage
Spinal cord injuries, including partial or total paralysis
Severe burns and permanent scarring
Amputations and loss of limbs
Fatal injuries resulting in wrongful death

Beyond the physical trauma, the financial fallout from hospital bills, ongoing rehabilitation, and extensive property damage can quickly become unmanageable. Furthermore, many survivors face lasting emotional hurdles, such as post-traumatic stress disorder (PTSD), anxiety, and depression following a major crash. Filing a personal injury claim is often the only pathway to covering these insurmountable costs.

Seeking Punitive Damages in Hawaii DUI Accident Claims

In a standard car accident claim, compensation is designed to cover your actual losses, like medical bills and lost wages. However, drunk driving cases are different. Because driving under the influence represents a conscious, reckless disregard for human life, Hawaii law allows victims to pursue punitive damages in certain cases.

Punitive damages are distinct from standard compensation. They are specifically designed to punish the drunk driver for their egregious behavior and to serve as a strict warning to others in the community. Our legal team meticulously reviews police reports, breathalyzer or blood test results, and criminal court records to build a compelling case for maximum punitive damages whenever applicable.

Quick Reference: Hawaii Drunk Driving Accident Laws at a Glance

Legal Topic	Hawaii Rule & Statute	What It Means for Your Claim
Legal Limit (BAC)	0.08% Blood Alcohol Concentration (Haw. Rev. Stat. § 291E-61)	Operating a vehicle with a BAC of 0.08% or higher is illegal. Evidence of a DUI conviction can heavily support your civil personal injury claim.
Punitive Damages	Exemplary Damages (Hawaii Case Law Rules)	Victims can pursue additional damages meant to punish the driver for willful, reckless misconduct, going beyond basic medical and wage recovery.
The 51% Fault Rule	Modified Comparative Negligence (Haw. Rev. Stat. § 663-31)	Even if an insurance company claims you were partially at fault (e.g., speeding at the time), you can still collect damages as long as your blame is 50% or less.
Lawsuit Deadlines	Statute of Limitations (Haw. Rev. Stat. § 431:10C-315)	You typically have two years from the date of your last PIP (medical) payment to file a lawsuit against the intoxicated driver.

Why Do I Need a Lawyer If the Drunk Driver Was 100% at Fault?

It seems logical that if a driver is arrested for a DUI at the scene of a crash, their insurance provider would quickly pay your claim. Unfortunately, corporate insurance companies are focused on protecting their financial bottom line, not your recovery.

The insurer will almost certainly try to approach you quickly with a lowball settlement offer before you fully understand the long-term scope of your injuries. They may also try to delay your claim or argue that your medical treatments are unnecessary. By hiring an experienced law firm like Rosenberg Hoffman, you level the playing field. We know how to counter their tactics and provide knowledgeable representation if your claim requires mediation, arbitration, or trial litigation.

Explore Related Personal Injury Claims

If your accident involves additional complexities, or if you want to learn more about your rights under Hawaii law, please explore our related practice guides:

Other Motor Vehicle & Injury Claims

Car Accidents:

Understanding your foundational rights and options after a standard auto collision on Oahu.

Truck Accidents:

What happens when an intoxicated driver is operating a commercial truck or delivery fleet vehicle.

Motorcycle Accidents:

Protecting riders who have been struck by negligent or impaired motorists.

Moped, Bicycle, and Pedestrian Accidents:

Seeking compensation for vulnerable travelers hit by drunk drivers in high-traffic areas like Waikiki.

Wrongful Death Claims:

Holding drunk drivers accountable or the tragic loss of a loved one.

Hawaii Legal & Compensation Guides

What You Should Know About Hawaii No-Fault Insurance Law: How your Personal Injury Protection (PIP) policy handles initial medical costs.
What Compensation Can You Recover for a Hawaii Personal Injury Case?: Reviewing the full range of economic and non-economic damages available to injury survivors.

Frequently Asked Questions About Hawaii Drunk Driving Accidents

Q: Can I still file a personal injury claim if the drunk driver is not convicted in criminal court?

A: Yes. Criminal cases and civil personal injury lawsuits operate entirely independently of each other. The criminal court requires a high standard of proof (“beyond a reasonable doubt”), whereas a civil injury claim relies on a lower standard (“preponderance of the evidence”). Even if the driver’s criminal charges are reduced or dismissed, we can still successfully pursue a civil injury claim for financial compensation.

Q: Does my own car insurance pay for my injuries if a drunk driver hit me?

A: Under Hawaii’s mandatory no-fault insurance system, your own policy’s Personal Injury Protection (PIP) coverage will pay for your initial medical expenses up to your specific policy limit, regardless of fault. However, because PIP does not cover lost wages, property damage, or pain and suffering, we help you file a claim against the drunk driver’s insurance to recover these additional losses once you meet the state’s medical threshold.

Q: What if the drunk driver who hit me fled the scene or was uninsured?

A: Hit-and-run incidents and uninsured drivers are unfortunately common in impaired driving cases. If the driver cannot be identified or lacks auto insurance, we can help you file an Uninsured Motorist (UM) claim through your own auto policy to cover your medical costs, lost wages, and pain and suffering.

Protect Your Rights: Schedule a Free Consultation Today

Do not let an insurance adjuster dictate what your recovery is worth. Reach out to the local legal team at Rosenberg Hoffman to discuss your options and learn exactly what your rights are under Hawaii law.

We proudly protect injury survivors across Oahu from our offices in downtown Honolulu and Waipahu. We operate on a strict contingency-fee basis, meaning you pay absolutely nothing upfront, and we collect zero legal fees unless we win your case.