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HRS §271-39

Trucking companies cannot be forced to cover your mistakes

This law makes certain contract clauses unenforceable. If a contract says a trucking company must pay for or defend against claims caused by the other party's own carelessness or intentional wrongdoing, that part of the contract is void. It applies to transportation service contracts.

businesses

The statute, as written — Motor carrier indemnification agreements prohibited

(a) Any provision in a transportation services contract or agreement that requires a motor carrier to indemnify, defend, or hold harmless or that purports to indemnify, defend, or hold harmless, whether in whole or in part , the indemnitee under the contract or agreement from any claim or liability arising from the negligence or intentional acts or omissions of the indemnitee, shall be deemed void and unenforceable as a matter of law to the extent that the provision seeks to indemnify, defend, or hold harmless the indemnitee for the negligent or intentional acts or omissions of the indemnitee. (b) For purposes of this section: "Indemnitee" means a person who: (1) Enters into a transportation services contract or agreement to use the services of a motor carrier, or to permit a motor carrier to enter the person's premises; and (2) In the contract or agreement, is being, or has the effect of being indemnified, defended, or held harmless from claims or liabilities for that person's negligence or intentional acts or omissions. "Indemnitee" includes an agent, employee, servant, or independent contractor of the person described in paragraphs (1) and (2) of this definition. "Motor carrier" includes an agent, employee, servant, or independent contractor of the motor carrier. "Transportation services" means: (1) The transportation of persons or property; (2) Entry upon property to load, unload, or transport persons or property; or (3) Providing a service, including the storage of property, incidental to paragraph (1) or (2) of this definition.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.