Hawaii Motorcycle Laws: Helmets, Insurance and Damage Caps

Hawaii lets adults decide about helmets, but its fault rule and its cap on pain and suffering damages can limit what an injured rider recovers. This guide explains the main Hawaii motorcycle laws and what they mean if you are hurt in a crash, with links to sources so you can check each point yourself.

Hawaii motorcycle rules of the road

Licensing

Hawaii requires a motorcycle license or the right license category to operate a motorcycle on public roads. Children under 7 may not be carried as passengers on a motorcycle or motor scooter.

Helmets

Hawaii has a partial helmet law. Operators and passengers under 18 must wear a safety helmet secured with a chin strap that meets the required specifications. Riders 18 and older may legally choose whether to wear one. A violation can be punished by a fine of up to $1,000, according to a summary of the law.

Eye protection

Operators must wear eye protection, such as goggles, glasses or a face shield, unless the motorcycle is equipped with a windscreen. A full-face helmet with a visor can satisfy this.

Lane splitting

Lane splitting, which means riding between lanes of traffic, is illegal in Hawaii. A motorcycle is entitled to use a full lane, and two motorcycles may ride side by side in one lane, but not more than two. Insurers often argue that a rider who was lane splitting is mostly or entirely at fault, so this rule can affect a claim.

Insurance

Hawaii requires motorcycle owners to carry liability insurance of at least $20,000 for bodily injury to one person, $40,000 per accident and $10,000 for property damage. Hawaii is a no-fault state for cars, but motorcycles are generally excluded from the mandatory personal injury protection (PIP) requirement. Because liability coverage protects other people, check your own policy for medical payments coverage and for uninsured and underinsured motorist coverage.

Hawaii motorcycle accident law

The deadline to file is 2 years

Under Hawaii Revised Statutes section 657-7, an action for damage or injury to a person must be brought within 2 years after the cause of action accrues. A wrongful death action under section 663-3 is also limited to 2 years, counted from the date of death. If a person under 18 is injured, the clock does not start until the person turns 18.

Modified comparative negligence

Under section 663-31, Hawaii follows modified comparative negligence. You can recover as long as your fault is not greater than the combined fault of the other parties, and your damages are reduced by your percentage of fault.

• 20% at fault: you can recover, reduced by 20%.
• 50% at fault: you can still recover, reduced by 50%.
• 51% at fault: recovery is barred.

As an illustration only, if damages are valued at $100,000 and a jury assigns you 20% of the fault, your recovery would be reduced to $80,000.

The cap on pain and suffering

Hawaii Revised Statutes section 663-8.7 limits pain and suffering damages to $375,000 in most personal injury cases, with exceptions. Economic damages, such as medical bills and lost income, are not subject to that limit. Because the exceptions matter, ask a lawyer whether the cap applies to your claim.

Helmets and your claim

Adults are not required to wear a helmet in Hawaii, so going without one is not a legal violation for them. An insurer may still argue that going without one made a head injury worse. For riders under 18, not wearing a helmet breaks the law and could be raised on the question of fault. Keep your helmet and eyewear after a crash and ask a lawyer how these arguments would be handled in your case.

What to do after a motorcycle crash in Hawaii

• Get medical care promptly and describe every symptom, even ones that seem minor.
• Photograph the scene, your bike, your gear and your injuries.
• Save camera footage from a helmet cam, a dash cam or nearby businesses.
• Keep your helmet, eyewear, jacket and damaged gear instead of throwing them away.
• Collect witness names and ask for the police report number.
• Do not discuss fault with the other driver's insurer until you have spoken with a lawyer.
• Write down your deadline and keep itemized bills and records.

When to talk to a lawyer

A free consultation can help you understand your deadlines, your insurance options and how the fault rule and the damages cap may apply. If you decide to hire someone, confirm that the lawyer is licensed in Hawaii, ask for the fee agreement in writing and understand how case expenses are handled before you sign.

Frequently asked questions