Car accidents are one of the most common causes of serious injuries in Delaware. Thousands of people across the state are hurt each year in collisions involving cars, trucks, motorcycles, buses, bicycles, and other motor vehicles. These crashes can lead to medical expenses, lost wages, long-term rehabilitation, and disruptions to everyday life. If you were injured in a motor vehicle accident, understanding your rights under Delaware personal injury law is essential.
Delaware’s mix of major highways, high-speed corridors, and growing communities contributes to the number of crashes reported each year. Many injured victims face uncertainty about medical bills, insurance coverage, and the legal process. Rhoades & Morrow represents victims throughout Delaware who need help navigating these challenges and pursuing the compensation they deserve.
Common Causes of Car Accidents in Delaware
Motor vehicle accidents occur for many reasons, but certain behaviors and conditions frequently contribute to collisions. Common causes include:
- Distracted driving, including mobile phone use
- Speeding, tailgating, or aggressive driving
- Failure to yield at intersections
- Impaired or fatigued driving
- Unsafe lane changes
- Poor road or weather conditions
- Mechanical failures or defective vehicle parts
- Heavy congestion on major roadways
Accidents can happen anywhere in Delaware—from rural roads to Wilmington’s urban streets—and often involve multiple contributing factors. Many of these incidents arise from negligence or wrongful actions that form the basis of personal injury claims.
Types of Vehicle Accidents in Delaware
While many collisions involve standard passenger vehicles, Delaware sees a wide variety of motor vehicle accidents. Each type presents unique risks and legal considerations. Rhoades & Morrow provides legal representation to injured victims in cases involving:
- Rear-End and Side-Impact Collisions: These crashes often occur in heavy traffic or at intersections and can result in neck, back, and head injuries.
- Intersection Accidents: Running red lights, speeding through yellow signals, and distracted driving make intersections frequent sites of serious injuries. These cases often require careful evaluation of right-of-way and fault.
- Hit-and-Run Crashes: Delaware law requires drivers to stop after a collision. When a driver flees, victims may still pursue compensation through uninsured motorist coverage or additional investigative steps.
- Drunk or Impaired Driving Accidents: Collisions caused by impaired drivers often result in severe injuries. Victims may have additional avenues for recovering damages depending on the circumstances.
- Uninsured or Underinsured Motorist Accidents: If an at-fault driver lacks sufficient insurance, Delaware UM/UIM coverage can help injured parties recover damages.
Other Vehicle Accidents
Delaware also sees crashes involving larger commercial vehicles, motorcycles, bicycles, and public transportation. These accidents can involve different road dynamics and injury patterns. Collisions with large trucks may cause more severe impact injuries due to their weight and braking distance, while bicycle and motorcycle accidents occur when drivers fail to notice smaller vehicles in traffic. Bus and train accidents, though less common, can involve multiple injured passengers and unique regulatory considerations.
Pedestrian Accidents
Pedestrian accidents are another significant category of roadway incidents in Delaware. Because pedestrians have no physical protection, these collisions often result in serious or catastrophic injuries. Many pedestrian accidents occur at intersections, crosswalks, and areas with limited visibility. Factors such as distracted driving, impaired driving, and speeding play major roles, and nighttime crashes are especially dangerous when drivers have reduced visibility.
Pedestrians may also be at risk when walking along roads without sidewalks, navigating construction detours, or attempting to cross multilane highways. The severity of these accidents, combined with Delaware’s traffic patterns and high-speed corridors, makes them an important part of the broader landscape of motor vehicle-related injuries.
Common Injuries in Delaware Car Accidents
An auto accident can cause a wide range of injuries, from mild to life-altering. Common injuries include:
- Traumatic brain injuries
- Broken bones
- Spinal cord injuries
- Internal bleeding or organ damage
- Soft tissue injuries
- Burns or lacerations
- Long-term physical pain
- Psychological trauma
Even minor collisions can lead to complications requiring ongoing medical treatment. Many injured victims face long recoveries that impact their ability to work and carry out daily activities.
Determining Liability Under Delaware Personal Injury Law
Liability depends on the circumstances of the collision. Responsible parties may include:
- The at-fault driver
- Distracted, impaired, or speeding drivers
- Vehicle manufacturers (in defect cases)
- Government agencies responsible for road maintenance or signage
Delaware follows a comparative negligence system. An injured party may recover compensation if they are 50 percent or less at fault, with their recovery reduced proportionally. If they are more than 50 percent at fault, they cannot recover damages.
Establishing fault often requires analyzing:
- Police reports
- Witness statements
- Accident scene photographs
- Vehicle damage
- Medical documentation
Rhoades & Morrow’s legal team evaluates these factors to help clients understand the strengths and weaknesses of their potential claims.
What to Do After a Car Accident in Delaware
Taking the proper steps after a crash can help protect your health and legal rights. Consider the following:
- Seek medical attention immediately.
- Call 911 to report the accident and request assistance.
- Document the accident scene by taking photos and/or videos of the vehicle damage, injuries, and traffic signals.
- Exchange information with the other driver and gather the other witness’s names.
- Notify your insurance company, but be cautious when giving detailed statements.
- Keep records of medical bills, lost wages, and out-of-pocket expenses.
- Get a free consultation from a Delaware personal injury lawyer to understand your legal options.
Delaware law requires all drivers to stop after an accident and ensure safety. A lawyer can help preserve evidence, communicate with insurance companies, and ensure all legal deadlines, including the two-year statute of limitations, are met.
How a Delaware Accident Lawyer Can Help
When choosing a lawyer after a car accident, it is important to consider their trial reputation, familiarity with Delaware’s car accident laws, and understanding of local court rules and procedures. A lawyer respected as a trial attorney may be more effective in negotiating with insurers, and knowledge of Delaware law helps ensure the case is approached correctly from the start. You should also expect honest guidance — an attorney who explains both the strengths and weaknesses of your case can help you make informed choices.
A Delaware car accident lawyer can help by:
- Investigating how the accident happened
- Identifying responsible parties
- Reviewing police reports, photos, and witness statements
- Assessing medical bills, lost wages, and long-term needs
- Preparing a detailed claim
- Negotiating with insurance companies
- Representing you in litigation if needed
Most Delaware personal injury cases, including auto accident claims, are handled on a contingency fee basis, meaning clients do not pay attorney fees unless compensation is recovered. Rhoades & Morrow provides free consultations so injury victims can better understand their rights and potential claims.
Compensation Available After a Car Accident
In a Delaware car accident case, available compensation may include:
- Medical expenses
- Future treatment and rehabilitation
- Lost wages or reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Out-of-pocket expenses
Compensation aims to restore the injured person to the financial position they were in before the accident as much as possible. The Delaware personal injury attorneys at Rhoades & Morrow work to build strong cases after an accident so that clients receive the maximum compensation they may be entitled to under the law.
Frequently Asked Questions
How long do I have to file a car accident claim in Delaware?
Most car accident claims must be filed within two years of the date of the accident.
Is it worth getting a lawyer after a car accident?
Car accident cases often involve contested liability or disputes with insurance companies. A lawyer can help protect your rights and strengthen your claim.
Does Delaware allow pain and suffering damages?
Yes. Pain and suffering may be available if someone else’s negligence caused your injuries.
How much does a Delaware car accident lawyer cost?
Most Delaware personal injury attorneys work on a contingency fee basis, meaning attorney fees are a percentage of the recovery and are only paid if compensation is obtained.
Can I recover compensation if I share some fault?
Yes. As long as you are 50 percent or less at fault, you may still recover damages, though your compensation will be reduced based on your share of responsibility.
