Delaware Car Accident Attorneys
If you have been injured in a car accident, you have many questions, fears, and concerns. In addition to trying to recover physical, you may now be facing overwhelming financial burdens including medical bills, car repairs or the loss of your vehicle, and time missed from work or not being able to return to work at all. You cannot afford to sit back and rely on the insurance companies to do the right thing. You need the help of an experienced traffic accident lawyer.
2014 Delaware Traffic Accident Statistics
According to the Delaware Office of Highway Safety, in 2014:
- There were 125 traffic fatalities
- 27 were pedestrian deaths
- Three people were killed in bicycle accidents
- 15 deaths occurred in motorcycle accidents
- 47% of Delaware motor vehicle crash fatalities involved alcohol and/or drugs
- There were 4,086 DUI arrests
Delaware DUI Traffic Accidents
Driving under the influence (DUI) includes driving under the influence of alcohol or illegal drugs as well as driving while impaired by prescription or over-the-counter (OTC) drugs. DUI is a very serious and dangerous problem in Delaware with nearly half of all fatal traffic accidents, in 2014, involving alcohol and/or drugs.
Too many drunk and drugged drivers are repeat offenders. DUI convictions can result in insurance cancellation and can make it difficult or impossible for the offender to get insurance in the future. What that means to DUI accident victims is that, very often, the at-fault driver is uninsured.
When the at-fault driver was uninsured it is more difficult to recover compensation, but there are several ways that you may still be able to collect. You may have uninsured motorist coverage (UIM) with your own insurance company. There may be other factors involved such as a defective vehicle or defective roadway.
If a defective roadway caused your accident or contributed to the seriousness of your injuries you have a very short amount of time to take legal action because you will be suing a government entity.
If You Were Partly to Blame for Your Accident
Traffic accidents are rarely simple, straightforward events. Nobody is perfect and it is common for both drivers to have made a mistake when two vehicles collide. Delaware follows the doctrine of comparative negligence, which means you can still sue for your injuries if you were partly to blame, as long as you were not more than 50% to blame for the accident.
Your compensation is reduced by your percentage of fault. For instance, if your damages are $100,000 and you are found to be 20% to blame, your compensation is reduced to $80,000.
Seatbelt or Helmet Non-use Will Not Affect Your Case
A common assumption that concerns traffic accident victims is that you cannot recover compensation if you were not wearing a seatbelt or motorcycle helmet when the accident occurred. Each state handles these issues differently, and Delaware law favors accident victims.
By statute, seatbelt non-use cannot be used as evidence against you in a traffic accident lawsuit, even though drivers and passengers are required to wear seatbelts. In a 2013 decision, the Supreme Court of Delaware ruled that failure to wear a helmet in a motorcycle accident cannot be held against you because riders over 19 years old are not required to wear helmet.
If you have been injured in a Delaware traffic accident or lost a loved one in a fatal crash, please browse our directory of car accident attorneys to speak to one of the experienced Delaware personal injury lawyers profiled on this website.