(a) With respect to accidental harm incurred in or arising out of a motorcycle accident or motor scooter accident, tort liability is not abolished.

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Terms Used In Hawaii Revised Statutes 431:10G-105

  • Accidental harm: means bodily injury, death, sickness, or disease caused by a motorcycle or motor scooter accident to a person. See Hawaii Revised Statutes 431:10G-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Motor scooter: has the meaning prescribed by § 286-2. See Hawaii Revised Statutes 431:10G-101
  • Motorcycle: has the meaning prescribed by § 286-2. See Hawaii Revised Statutes 431:10G-101
  • Owner: means a person who holds the legal title to a motorcycle or motor scooter; except that when a motorcycle or motor scooter is the subject of a security agreement or lease with a term of not less than one year, with the debtor or lessee having the right of possession, the term owner shall mean the debtor or lessee. See Hawaii Revised Statutes 431:10G-101
  • Person: means , when appropriate to the context, not only individuals, but corporations, firms, associations, and societies. See Hawaii Revised Statutes 431:10G-101
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) Any owner or operator of a motorcycle or motor scooter involved in a motor vehicle accident as defined in § 431:10C-103 and who incurs accidental harm as defined in § 431:10C-103, including such person‘s representative or legal guardian, shall have a cause of action in tort as provided in § 431:10C-306.