Truck Accident Laws in Hawaii (2026): Deadlines & Liability

A collision with a large commercial truck in Hawaii is shaped by two bodies of law at once: Hawaii's own rules on deadlines, fault, and its no-fault auto-insurance system, and a detailed set of federal safety regulations that govern trucking companies and their drivers. Hawaii is unusual among the states covered here because it is a no-fault (PIP) state, which adds an extra step before you can sue for pain and suffering. This page explains both layers, as general legal information rather than legal advice.

The deadline to sue in Hawaii

For a crash involving a motor vehicle, including a commercial truck, the operative limitations provision is HRS 431:10C-315(b). It provides that no suit arising out of a motor vehicle accident may be brought in tort more than the later of two years after the date of the accident, two years after the date of the last payment of motor vehicle insurance or optional additional benefits, or two years after the date of the last payment of workers' compensation or public assistance benefits arising from the accident. That measure can run later than Hawaii's general personal-injury statute, HRS 657-7, which sets two years from the date the injury occurs or is discovered. A wrongful-death action under HRS 663-3 is likewise subject to a two-year limit, generally running from the date of death.

The period can also be tolled in limited circumstances, such as for an injured minor or a legally incapacitated person. Claims against state or county government carry their own notice requirements and shorter timelines, so those cases demand fast action. Whether a later trigger date is available turns on facts such as when your PIP or benefit payments actually stopped, so the safe practice is to work from two years after the crash rather than assume a longer window.

How fault works: Hawaii's 51% bar

Hawaii uses modified comparative negligence under HRS 663-31. Your recovery is reduced in proportion to your own share of fault, and you are barred only if your fault is greater than the combined fault of the parties you are suing. In practice this is the 51% bar: you can still recover if you are 50% at fault, but not if you are 51% or more at fault. A plaintiff who is 50% at fault recovers half of the damages; at 51% the claim is barred.

Hawaii law also addresses how fault is allocated among multiple defendants, which matters in a truck case where responsibility may be divided among the driver, the motor carrier, and others. Identifying each responsible party is important to a full recovery.

No-fault status: Hawaii is a no-fault (PIP) state

Hawaii is one of the no-fault auto states. Every vehicle owner must carry personal injury protection (PIP) coverage, and after a crash your own PIP pays your initial medical and rehabilitative expenses regardless of who was at fault. Hawaii sets a minimum PIP benefit of $10,000 per person under HRS 431:10C-103.5.

Because Hawaii is a no-fault state, HRS 431:10C-306 abolishes ordinary tort liability for bodily injury from a motor-vehicle accident unless you clear a statutory threshold. You may step outside the no-fault system and sue the at-fault driver and trucking company for pain and suffering and other tort damages when either:

• A monetary threshold is met: your PIP medical-rehabilitative benefits incurred reach or exceed the medical-rehabilitative limit, which is $5,000 under HRS 431:10C-306(b)(4); or
• A verbal (serious-injury) threshold is met: the injury results in death, significant permanent loss of use of a part or function of the body, or permanent and serious disfigurement that subjects the person to mental or emotional suffering.

The serious injuries typical of a collision with a heavy commercial truck usually clear one of these thresholds without difficulty, so most truck-injury victims can pursue a full tort claim. Property-damage claims are not subject to the no-fault bar and can be brought directly against the at-fault party.

Damage caps in Hawaii

Hawaii does not cap economic damages such as medical bills and lost income. It does have a $375,000 limit on pain-and-suffering damages under HRS 663-8.7, but that limit does not reach a truck-crash claim. HRS 663-8.7 states that the limitation does not apply to tort actions enumerated in HRS 663-10.9(2), and HRS 663-10.9(2)(F) enumerates torts relating to motor vehicle accidents. A truck-accident tort action is a motor-vehicle tort, so the $375,000 pain-and-suffering cap does not apply to it.

The one carve-out sits in HRS 663-10.9(4), which covers motor-vehicle claims concerning the maintenance and design of highways, including guardrails, utility poles, and street and directional signs. Those claims fall outside paragraph (2), so the $375,000 limit can apply to that narrow category.

Insurance context in Hawaii

Hawaii requires drivers to carry PIP coverage plus liability insurance. Effective January 1, 2026, Hawaii increased its minimum liability limits to $40,000 per person and $80,000 per accident for bodily injury, plus $20,000 for property damage (up from the long-standing 20/40/10 figures), under HRS 431:10C-301. Whatever the minimum, a commercial truck operating in interstate commerce is subject to the much higher federal financial-responsibility rules discussed below, which is one reason trucking cases differ from ordinary car crashes. Drivers should confirm current minimums with the Hawaii Department of Commerce and Consumer Affairs Insurance Division.

Federal FMCSA rules that apply to trucking companies

Most large commercial trucks and the companies that operate them are regulated by the Federal Motor Carrier Safety Administration (FMCSA) under Title 49 of the Code of Federal Regulations. These rules set the safety baseline, and a violation can be strong evidence of negligence:

• Hours of service (49 CFR Part 395): a property-carrying driver may drive no more than 11 hours after 10 consecutive hours off duty, cannot drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and is capped at 60 hours in 7 days or 70 hours in 8 days.
• Electronic logging devices (49 CFR Part 395): most drivers must record their hours with an ELD, and carriers must retain the data, which can confirm or contradict a fatigue defense.
• Driver qualification and CDL (49 CFR Part 391): carriers must verify a driver's license, medical fitness, and record before putting them on the road.
• Drug and alcohol testing (49 CFR Part 382): carriers must conduct pre-employment, random, and post-accident testing and use the FMCSA Clearinghouse.
• Inspection, repair, and maintenance (49 CFR Part 396): carriers must systematically inspect and maintain their vehicles and keep records.

Who can be liable after a truck crash

A truck case routinely involves more potential defendants than a typical car crash, and many are corporate. Depending on the facts, responsibility may extend to:

• The driver, for negligent driving such as speeding, distraction, or fatigue.
• The motor carrier (trucking company), often vicariously for its driver's on-the-job conduct, and directly for negligent hiring, training, supervision, or retention, or for pressuring drivers past the hours-of-service limits.
• A broker or shipper, in some circumstances.
• A cargo loader, when improper or overweight loading causes or worsens a crash.
• A parts or vehicle manufacturer, when a defective brake, tire, or component contributes.

Identifying every responsible party matters because additional defendants can mean additional insurance coverage available to compensate serious injuries.

Federal minimum insurance for trucks

Under 49 CFR 387.9, a for-hire motor carrier transporting non-hazardous general freight in interstate commerce must maintain at least $750,000 in liability insurance. Carriers hauling certain hazardous materials must carry far more, up to $5,000,000. That $750,000 baseline, set by the Motor Carrier Act of 1980, dwarfs Hawaii's personal-auto minimums and is a major reason truck cases are handled differently from car-accident claims.

Why evidence preservation matters early

Much of the proof in a truck case lives in the truck and the carrier's files: ELD and logbook records, the engine control module (the truck's onboard data recorder or black box), maintenance and inspection logs, dispatch records, and the post-accident drug-and-alcohol test. Some of that data can be overwritten or routinely discarded within months. A timely spoliation or evidence-preservation letter to the carrier, sent early, helps ensure this information is kept rather than lost.

How to evaluate a Hawaii truck-accident claim

If you have been injured, preserve what you can: the police report, photographs of the scene and vehicles, the names of witnesses, and your medical records. Get medical care and keep documentation of your treatment and lost income, which also matters for the no-fault PIP threshold. Many Hawaii personal-injury attorneys evaluate truck cases on a contingency-fee basis and offer a free initial consultation, meaning no upfront fee, though no lawyer can guarantee a result. With a short deadline and evidence at risk, have a Hawaii truck accident lawyer look at securing the carrier's records in a free claim review (attorney advertising).

Frequently Asked Questions

What is the deadline to sue for a truck accident in Hawaii?

For a motor-vehicle crash, HRS 431:10C-315(b) controls: no tort suit may be brought more than the later of two years after the accident, two years after the last payment of motor vehicle insurance or optional additional benefits, or two years after the last payment of workers' compensation or public assistance benefits arising from the accident. Hawaii's general personal-injury deadline is two years under HRS 657-7, and a wrongful-death claim is two years from the date of death under HRS 663-3. Government claims have their own notice rules, and the period can be tolled in limited situations.

Who can be sued after a truck accident in Hawaii?

Potentially the driver, the motor carrier (often vicariously and for negligent hiring, training, or supervision), a broker or shipper, a cargo loader, and a parts or vehicle manufacturer. Truck cases routinely involve multiple, often corporate, defendants.

How is a truck accident different from a car accident?

Commercial trucks are governed by federal FMCSA safety rules (49 CFR) on hours of service, logging, driver qualification, and maintenance; cases often involve several defendants; key evidence such as ELD and engine-control-module data can be overwritten; and interstate carriers must carry at least $750,000 in liability coverage rather than a typical car policy.

Is Hawaii a no-fault state, and can I still sue after a truck accident?

Yes, Hawaii is a no-fault (PIP) state. Your own PIP pays initial medical bills regardless of fault, and under HRS 431:10C-306 you can sue the at-fault party for pain and suffering once you clear a threshold: PIP medical benefits reaching $5,000, or death, significant permanent loss of use, or permanent serious disfigurement. Serious truck-crash injuries usually clear this.

How does fault affect my recovery in Hawaii?

Under Hawaii's modified comparative negligence rule (HRS 663-31), your damages are reduced by your percentage of fault, and you are barred from recovery only if your fault exceeds 50%. In practice this is a 51% bar: a plaintiff who is 50% at fault can still recover half of the damages.

How much is a Hawaii truck accident case worth?

There is no set figure. Value depends on the severity of injuries, medical costs, lost income, the degree of fault, and available insurance. Hawaii does not cap economic damages, and its $375,000 pain-and-suffering limit under HRS 663-8.7 does not apply to motor-vehicle tort actions, which HRS 663-10.9(2)(F) excepts from that limit, so it does not cap a truck-crash claim. No one can guarantee an outcome or amount.