Wilmington Car Accident Lawyer

As a city that serves as a headquarter for so many banking and financial companies, there are many drivers navigating Wilmington’s roadways. There are also well over 125,000 residents in Wilmington, and there is a lot of traffic on any given day.

With traffic comes car accidents. Since car accidents are common in Wilmington and throughout the United States, drivers should become familiar with the causes of collisions, what to do should one occur, and important laws in place. If you or a loved one are car accident victims, it is critical to immediately contact a car accident lawyer to evaluate and pursue your personal injury claims.

Listed below are common causes of car accidents.


Recovering Millions For Our Clients

Our car accident attorneys have seen all different types of car accidents and handled many Delaware car accident cases. Accidents can have a significant impact on your life and you may be entitled to recover compensation. A Delaware personal injury lawyer with experience handling car accident claims is the best course of action you can take to succeed in a Delaware car accident case.

Here are some of the common causes of auto accidents:

Drunk Driving

While there have been concerted efforts made via government outreach campaigns that discourage drinking and driving, it still happens. Almost one-third of Delaware’s fatal motor vehicle crashes involve a person driving under the influence of an intoxicating substance.

In Delaware, a blood alcohol concentration (BAC) level of 0.08 blood alcohol is considered legally intoxicated, meaning that it is unsafe for that person to drive a car or operate machinery. The general rule of thumb for how much alcohol it takes for a person to get to this BAC level is three drinks an hour for a woman and four drinks an hour for a man. However, these are general rules, and it really depends on the weight of the person who has been drinking and several other factors.

Drowsy Driving

Most people do not get enough sleep. According to the U.S. Centers for Disease Control and Prevention (CDC), people between 18 and 60 years old need at least seven hours of sleep each night. The CDC reports that more than one-third of American adults are not getting enough sleep.

Drowsy driving is a side effect of fatigue. Drowsy driving is very similar to drunk driving, as both cause a delayed reaction time. People who are overtired tend to microsleep behind the wheel as well. Microsleep is when someone experiences episodes of sleep that typically lasts less than 30 seconds. Shutting your eyes while driving can easily lead to a serious accident.

Distracted Driving

Distracted driving is one of the most discussed reasons for car accidents throughout the United States. Some of the most egregious distracted driving behaviors involve cell phones, not just texting and driving, but people losing their focus on the road when they are engaged in a phone call.

Hands-free technology, such as Bluetooth, which allows phones in vehicles to be used hands-free for conversations, texting, and even sending emails, is designed to keep drivers focused on the road. Hands-free technology does reduce drivers taking their hands off the steering wheel. However, paying attention to the road is a must for the driver, and a hands-free phone call may still cause their mind to wander.

Weather and Road Conditions

While road safety experts agree that the majority of car accidents are caused by driver error, the weather and road conditions can create problems that will lead to crashes as well. Residents of Delaware know that the state is prone to all kinds of extreme weather, which can lead to hazardous road conditions. It is important to note that even though a driver cannot control the weather, they can control their own actions. All motorists must adapt to the road conditions and drive safely.

Precipitation can impact tire traction, causing the driver to lose control of the car, much like a person can slip on a wet floor. When there is enough water on the road and the car is moving fast enough, that needed tire traction can be compromised enough that the vehicle hydroplanes. Hydroplaning can lead to a car going off the road or veering into another lane of traffic.

Inclement weather can create problems for traffic signals and signs. For example, if a community loses electricity, the traffic signals might not work properly, and that means drivers must rely on the good behavior of other motorists to figure out how to get through an intersection.


Speeding is a problem throughout the United States. When a car accident happens at high speeds, the injuries and property damage are more severe. All drivers should follow the speed limits under Delaware law. When road conditions are poor, motorists should adjust their speed accordingly.

Besides injuries and property damage, drivers who speed face traffic violations. A speeding ticket could increase your insurance rate between 22 to 30 percent.

Other Causes

Some other common causes of distracted driving accidents include:

  • Conversations with passengers.

  • Aggressive driving.

  • Misbehavior by passengers.

  • Eating or drinking while driving.

  • Searching for something that fell in the car.

  • Fiddling with the radio or changing the playlist.

  • Adjusting the navigation system.

  • Grooming while driving.

These distracted driving behaviors may not involve a cell phone, but they still take attention away from the road.

What Should I Do After a Delaware Car Accident?

When you are involved in a collision, there are a few steps you should take:

  • Pull the vehicle over to the side of the road as soon as possible. This is not always possible until emergency help arrives. However, if the vehicle can be moved, get it out of the way of traffic to keep yourself and anyone else in the car as safe as possible.

  • Call 911 so emergency responders are aware of the accident. There may be injuries that require emergency care, and there may be injuries that are yet unseen. Either way, getting examined after a collision is the best course of action. Calling 911 will also bring police to the scene. This will start the process for a police investigation and accident report.

  • Exchange the necessary information with the other drivers involved. Exchange names, addresses, phone numbers, and insurance policy information.

  • Keep conversations to the point. Exchanging information is all you need to do after a collision. Emotions will be high following an accident, and conversations can quickly become aggressive, or apologies can be misconstrued as fault.

  • Call your insurance company. It is critical that you report the accident to your insurance company. Give the insurance company the information you have collected from the other parties involved in the crash, such as their name, address, phone number, insurance company, and policy number.

  • Take pictures of everything. Take pictures of your injuries, the accident site, vehicle and property damage, skid marks, location, and anything that will help you provide information to the insurance company.

  • Call a car accident lawyer to review your case. Some accidents demand more than a low insurance settlement. It is critical to weigh out your options so you can move forward after a car accident.

How is Fault Determined in Delaware?

Drivers in Delaware are required to have no-fault auto insurance. Those involved in an accident can turn to their own insurance to cover the medical bills that resulted from the accident. However, drivers in Delaware are not prohibited from suing the at-fault driver.

Delaware is a modified comparative negligence state, and that means fault can be shared by the drivers. Compensation for injuries and property damage can also be shared, minus the driver’s percentage of fault. For example, a driver who is found to be 25 percent at fault for a crash can recover 75 percent of the total damages. If a driver is found to be 50 percent or more at fault, that driver cannot collect any damages.

It is important to note that there is a time limit to file a personal injury lawsuit, also known as the statute of limitations. For this reason, it is critical to speak to a lawyer as soon as possible after a severe collision to ensure you can file your personal injury claim.

Types Of Injuries Covered In Automobile Accident Cases

In Delaware, automobile accident cases can involve a wide range of injuries. Some common types of injuries covered in automobile accident cases in Delaware include:

  1. Whiplash

    Whiplash is a soft tissue injury that occurs when the head and neck are rapidly jerked forward and backward. It can result in neck pain, stiffness, headaches, and limited range of motion.

  2. Broken Bones

    Car accidents can cause fractures in various parts of the body, such as the arms, legs, ribs, or pelvis. Fractures may require surgery, immobilization with casts or braces, and extensive rehabilitation.

  3. Traumatic Brain Injury (TBI)

    A severe blow to the head during a car accident can lead to head injuries or traumatic brain injury. TBIs can range from mild concussions to more severe injuries that result in long-term cognitive impairments, memory loss, or physical disabilities.

  4. Spinal Cord Injuries

    Car accidents can cause back injuries or damage to the spinal cord, resulting in paralysis or loss of sensation in certain parts of the body. Spinal cord injuries often require ongoing medical care, rehabilitation, and adaptive equipment.

  5. Internal Organ Injuries

    The impact of a car accident can cause internal injuries, such as damage to the liver, spleen, lungs, or other organs. Internal injuries may require surgery, hospitalization, and long-term medical treatment.

  6. Soft Tissue Injuries

    Soft tissue injuries involve damage to muscles, tendons, or ligaments. They can result in pain, swelling, bruising, and limited mobility. Examples include sprains, strains, and contusions.

  7. Psychological and Emotional Injuries

    Car accidents can also cause psychological and emotional trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression. These injuries may require therapy or counseling to address the emotional impact of the accident.

It’s important to note that this is not an exhaustive list, and the types of injuries can vary depending on the circumstances of each car accident. If you have been injured in a car accident, it’s crucial to seek medical attention promptly and consult with an experienced auto accident attorney in Delaware. They can evaluate your case, help determine the full extent of your injuries and physical pain, and advocate for your rights to seek appropriate compensation for your damages.

Wilmington Car Accident Lawyers at Rhoades & Morrow Can Help You After an Auto Accident

A car accident can change your life, but a personal injury law firm and experienced legal team can help. If you were involved in a collision in Delaware, speak with our Wilmington car accident lawyers to discuss your case. Call us at (302) 427-9500 or contact us online to schedule a free consultation. Our law firm is located in Wilmington, Newark, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Lewes, Rehoboth, Elsmere, and Seaford.

Frequently Asked Questions

It’s generally advisable to consult with an auto accident lawyer before speaking to the insurance company. Insurance adjusters may try to settle your claim quickly and for less than it’s worth. An experienced personal injury lawyer can help protect your rights, negotiate with the insurance company on your behalf, and ensure you receive fair compensation for your injuries and damages.

In Delaware, drivers are required to carry minimum liability insurance coverage. However, if the other driver is uninsured or underinsured, you may still have options. Your own insurance policy may include uninsured/underinsured motorist coverage, which can provide compensation for your injuries and damages. Consulting with car accident lawyers can help you navigate this situation and explore your available options.

In Delaware, the statute of limitations for filing a car accident lawsuit is typically two years from the date of the accident. It’s important to consult with a personal injury attorney as soon as possible to ensure your claim is filed within the required time frame. Failing to meet the statute of limitations can result in losing your right to seek compensation.

If you’ve been injured in a car accident, you may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, property damage, and rehabilitation costs. The specific damages you can recover will depend on the circumstances of your case. Car accident lawyers can help assess your losses and fight for the maximum compensation you deserve.

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