Pedestrian accidents in Delaware have been rising steadily, and the state continues to rank among the most dangerous in the nation for people walking. When a pedestrian is struck by a motor vehicle, the consequences are often severe. Without the protection that vehicle occupants have, pedestrians frequently suffer serious injuries that require extensive medical treatment, long recovery periods, and significant financial strain. If you or a loved one was hurt in a pedestrian accident, understanding your legal rights under Delaware law is essential.
Why Pedestrian Accidents Are Increasing in Delaware
Delaware’s mix of high-speed roadways, walkable coastal towns, and rapidly growing communities increases the risk of pedestrian crashes. Many of the accidents reported across the state are linked to factors such as distracted driving, speeding, impaired driving, and driver impatience in congested areas. Poor visibility at night, road construction, and busy intersections also play a role. Pedestrians themselves may be placed in danger by limited sidewalks, inadequate lighting, or drivers who fail to yield.
Most Common Reasons Pedestrian Accidents Occur
Pedestrian crashes often occur when a driver fails to notice a pedestrian crossing or walking along the roadway. Some of the most frequent causes include:
- A distracted driver looking at a phone or GPS
- A speeding driver is unable to react in time
- A driver failing to yield at a crosswalk
- Impaired or fatigued driving
- Left-turn and right-turn conflicts at intersections
- Passing stopped vehicles at a crosswalk
- Low nighttime visibility
- Hazardous construction zones that redirect pedestrians near traffic
Hit and run accidents also occur throughout Delaware, leaving injured pedestrians without immediate assistance and making liability issues more complex.
Reports show that pedestrian accidents have increased over the past several years. Urbanization, high-speed corridors, and greater foot traffic in towns and neighborhoods have contributed to rising injury rates. Poor infrastructure in certain areas, such as inadequate sidewalks or lighting, also poses risks. These factors make informed legal representation from a reputable law firm especially important for injured pedestrians throughout the state.
Typical Pedestrian Accident Injuries in Delaware
Because pedestrians have no protection against the impact of a vehicle, the injuries are often catastrophic. Common physical injuries include:
- Broken bones
- Traumatic brain injuries
- Internal bleeding
- Spinal cord damage
- Severe lacerations or abrasions
- Organ damage
- Long-term physical pain
- Psychological trauma
Even a vehicle traveling at a relatively low speed can cause life-altering harm. Many pedestrian accident victims require emergency treatment, ongoing medical care, and extended rehabilitation.
Who May Be Liable After a Delaware Pedestrian Accident
Determining liability is not always straightforward. In many cases, fault involves both the driver and the conditions surrounding the accident. Potentially liable parties include:
- The at-fault driver
- A distracted driver or speeding driver
- A vehicle manufacturer (in rare defect cases)
- Government entities responsible for road design or traffic control
- Contractors who create unsafe construction zones
Delaware follows a comparative negligence system. If a pedestrian is found to be more than 50 percent at fault, they cannot recover damages. If they are 50 percent or less at fault, financial compensation is reduced proportionately. Because fault can be disputed, having a Delaware pedestrian accident attorney evaluate the circumstances is important.
What to Do After a Pedestrian Accident in Delaware
Taking the proper steps after an accident can make a significant difference in your ability to bring a claim.
Consider:
- Seek medical care immediately, even if injuries seem minor.
- Report the accident to the police and request an official report.
- Collect information from the driver, witnesses, and the scene.
- Preserve evidence, including photos, clothing, and medical records.
- Avoid speaking with the insurance company until you understand your rights.
- Schedule a free consultation with a Delaware pedestrian accident lawyer as soon as possible.
An attorney can quickly gather evidence, contact witnesses, and ensure all deadlines, including Delaware’s two-year statute of limitations, are met.
How a Delaware Pedestrian Accident Attorney Helps
Pedestrian accident claims can be complex due to disputed fault, severe injuries, and insurance company resistance. An attorney can help by:
- Investigating how the accident happened
- Identifying all responsible parties
- Reviewing police reports, surveillance footage, and witness statements
- Evaluating medical expenses, lost wages, property damage, and long-term needs
- Preparing a claim that accurately reflects the full extent of your injuries
- Negotiating with the insurance company to secure fair compensation
- Representing you in litigation if a settlement cannot be reached
Most Delaware accident lawyers, including those at Rhoades & Morrow, work on a contingency fee basis. You do not pay attorney fees unless compensation is recovered.
Compensation Available in a Pedestrian Accident Claim
Damages in a Delaware pedestrian accident case may include economic and non-economic damages, including:
- Medical expenses
- Future medical treatment and rehabilitation
- Lost wages and loss of earning capacity
- Compensation for physical pain and emotional suffering
- Out-of-pocket expenses, such as transportation to medical appointments
- Loss of enjoyment of life
The goal of a pedestrian accident claim is to restore the injured person to their financial position before the accident as much as possible.
Frequently Asked Questions
How long do I have to file a pedestrian accident claim in Delaware?
In most cases, you have two years from the date of the accident to file a personal injury claim. It’s important to speak with an attorney early so evidence can be preserved.
What if I was not in a crosswalk when the accident happened?
Fault is determined on a case-by-case basis. Even if you were not in a crosswalk, you may still recover compensation if you were 50 percent or less at fault.
Will the insurance company cover all of my medical expenses?
Insurance companies often try to minimize the payouts they make to victims of pedestrian accidents. An attorney can evaluate your medical expenses, future treatment needs, and lost wages to ensure the claim reflects your full losses.
Can I still bring a claim if the driver fled the scene?
Yes. Hit-and-run accidents are common, and claims may be pursued through available insurance coverage or through additional investigative steps.
Do I need a Delaware pedestrian accident attorney?
Pedestrian injury claims often involve severe injuries, disputed liability, and complex insurance issues. An attorney can accurately assess your case, gather evidence, and negotiate for fair compensation.
