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Delaware Car Accidents Lawyers

Helping Injured Victims Move Forward After an Accident

Suffering injuries in a car accident can completely alter every aspect of your life. Approximately 6 million car accidents occur annually in the United States, with 3 million resulting in reported injuries.

At McCann Dillon Jaffe & Lamb, LLC, our experienced Delaware car accident lawyers are not just successful, but some of the country’s most successful personal injury lawyers. We have earned a reputation for our compassion for victims and strong advocacy against negligent drivers. For over 15 years, we have been fighting for the rights of injured people, recovering more than $200 million in compensation for our clients and their families. This track record of success is a testament to our dedication.

How Common Are Car Accidents in Delaware?

In 2020, the Delaware State Police (DSP) reported nearly 30,000 car accidents, with over 7,000 injuries and 117 fatalities. According to DSP, accident statistics reveal that in Delaware:

  • A car accident occurs every 22 minutes.
  • One person is injured every 73 minutes.
  • Alcohol is a factor in 30 percent of all fatal crashes.
  • Roughly 10 percent of reported fatalities were under age 21.
  • Saturday is the most dangerous day for driving.
  • Midnight to 4:00 a.m. is the most dangerous time to drive.
  • Delaware car accidents account for an economic loss of over $1 billion.

Who Is to Blame for a Delaware Car Accident?

Determining fault in a Delaware car accident involves identifying negligence. Often, it is easy to sense that a driver, cyclist, or pedestrian was careless, but pinpointing the specific rule or rules they broke can be difficult without legal assistance. Your car accident lawyer will review various sources, like police reports, Delaware State traffic laws, and witness statements, to ascertain responsibility for your accident. Courts consider several factors when determining if a driver was negligent.

Delaware is also a comparative negligence state, which means each driver is assigned a percentage of fault for an accident. If you meet specific criteria, you are entitled to seek compensation if you are 50 percent or less responsible for the accident. However, the total available compensation you recover will be reduced by your percentage of fault.

What Are Common Causes of Delaware Car Accidents?

Human error and unsafe driving habits are the leading causes of car accidents in Delaware and throughout the country. Common causes include:

What Are Common Car Accident Injuries?

Injuries suffered in car accidents are numerous and range from minor to catastrophic, even in minor collisions. Some of the most common injuries include:

  • Amputations
  • Back, neck, and spinal cord injuries
  • Brain Injury/TBI
  • Broken bones and fractures
  • Burns
  • Head injuries
  • Crushed or severed limbs
  • Cuts and lacerations
  • Disfigurement and scarring
  • Internal bleeding
  • Nerve damage
  • Organ damage
  • Partial or complete paralysis
  • Psychological trauma
  • Soft tissue injuries
  • Whiplash
  • Wrongful death

What Should You Do After a Delaware Car Accident?

Your actions following an accident can significantly benefit your injury claim later. If you are unhurt and physically able, you should do the following:

  • Report the accident: Call the police and report the accident and any injuries. You should also report the accident to your insurance company.
  • Document the scene: Take photos, including the damage to both cars, injuries, road conditions, signage, lighting, and other contributing factors.
  • Gather statements: Ask witnesses for their contact information and a statement of what they witnessed.
  • Seek medical attention: Always seek medical attention, even if you think you are uninjured. Some internal injuries do not present symptoms for hours or days but can be life-threatening if left untreated. The doctor’s report is also crucial for your insurance claim. Without one, your claim can be denied.
  • Maintain records: Keep all records and correspondence you receive related to your claim.
  • Hire a Delaware car accident lawyer: Working with an experienced car accident lawyer helps keep you protected and increases the likelihood of receiving compensation.

Recovering Your Losses After a Delaware Car Accident

Our Delaware car accident lawyers will aggressively advocate on your behalf to protect you from bearing any financial responsibility for your accident. Compensation is based on a combination of economic and non-economic damages, including but not limited to:

  • Amputation
  • Disability, disfigurement, and scarring
  • Emotional distress and psychological trauma
  • Funeral and burial costs
  • Loss of consortium and life enjoyment
  • Lost wages and future earning ability
  • Medical equipment
  • Medical expenses
  • Pain and suffering
  • Physical, rehabilitative, and psychological therapies
  • Prescription medications
  • Transportation costs to and from doctor visits
  • Vehicle replacement or repair
  • Wrongful death

Understanding No-Fault Auto Insurance

Delaware operates under a no-fault auto insurance system, where each driver’s insurance company pays for their medical expenses and related costs regardless of who caused the accident. This system aims to streamline the claims process and reduce litigation by eliminating the need to determine fault in minor accidents. However, it is important to note that Delaware’s no-fault system has limitations. In cases of severe injuries or damages exceeding a certain threshold, individuals may still have the option to pursue legal action against the at-fault party. Understanding the nuances of Delaware’s no-fault auto insurance system can help drivers navigate potential claims and seek appropriate compensation when needed.

What You Should Know About Car Insurance Minimums in Delaware

Auto insurance minimums in Delaware refer to the mandatory coverage levels drivers must maintain to operate a vehicle legally in the state. These minimum requirements ensure financial protection for drivers, passengers, and others involved in car accidents.

Delaware requires a 25/50/10 minimum for insurance, covering:

  • $25,000 in bodily injury per person
  • $50,000 liability per accident
  • $10,00 in property damage

Vehicle owners are also required to purchase at least minimum personal injury protection (PIP), which includes:

  • $15,000 for bodily injury per person
  • $30,000 per occurrence
  • $5,000 in funeral costs

Minimum insurance coverage is often insufficient to cover all expenses incurred in car accidents, especially if you suffer serious injuries. It is in your best interest to purchase additional coverage, as well as uninsured/underinsured motorist coverage, for any gaps in payment if you are injured in a hit-and-run accident or by a driver with only minimum insurance coverage.

Should I Accept the Insurance Company’s First Offer?

Keep in mind that insurance is a for-profit industry, and the other driver’s insurer will make every effort to make you seem more at fault for the accident to reduce what they have to pay or deny your claim altogether. For this reason alone, it is crucial to retain the services of an experienced Delaware car accident lawyer who is well-versed in insurance companies’ tactics and negotiating for maximum compensation. Without representation, you could walk away empty-handed.

Why Choose McCann Dillon Jaffe & Lamb, LLC for Your Car Accident Case

Not all Delaware car accident lawyers are created equally. The attorney you hire makes a difference between getting fully compensated for more than just the medical damages you have incurred and recovering compensation for your lifetime of suffering. The difference is in the attention to detail and the experience in knowing what evidence it takes to bring a successful personal injury lawsuit. Some of what we do as your Delaware car accident lawyers include:

  • Communicating and negotiating with insurance companies.
  • Corresponding regularly regarding your case and addressing your concerns.
  • Discovering evidence of the other party’s negligence.
  • Compiling comprehensive medical records demonstrating the extent of your injuries.
  • Deposing witnesses.
  • Creating a thorough case strategy.
  • Representing you at trial if negotiations fail.
  • Working with top medical experts.

Our Delaware Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Fight for Clients Injured by Negligent Drivers

If you or a loved one has been injured in a car accident due to someone else’s negligence, our experienced Delaware car accident lawyers at McCann Dillon Jaffe & Lamb, LLC are dedicated to seeking the justice and compensation you deserve. Call us at 302-888-1221 or complete our online form to schedule a free consultation. Located in Wilmington, Delaware, we serve clients in Dover, Newark, and Middletown.