Wilmington Car Accident Lawyers

Car accidents happen without warning. While the physical injuries hurt, the financial stress that follows can be just as devastating. Medical bills pile up, insurance companies start calling, and you are just trying to heal and get back to normal life. Thankfully, in Wilmington, accident victims have legal options to help recover fair compensation.

Immediate Steps to Take After a Collision in Wilmington

The first minutes after an accident can affect both your health and your legal case. Take these steps:

Check everyone for injuries and call 911 if medical help is needed.
Move vehicles out of traffic if it’s safe to do so.
Take photos of vehicle damage, skid marks, debris, and traffic signs.
Exchange insurance and contact information with other drivers.
Write down the names and phone numbers of witnesses.
Make sure a police report is filed at the scene.
Do not apologize or admit fault—statements like “I didn’t see you” or “I was speeding” can hurt your case later.

What Are Delaware’s Insurance Rules?

According to the Delaware State Police 2023 Annual Traffic Statistical Report, there were 27,522 reportable crashes in Delaware, resulting in thousands of injuries and millions in property damage. With collisions happening this frequently, it’s important to understand how Delaware’s insurance system works and what protections are available after a crash.

Delaware operates under a hybrid insurance system. Every driver must carry Personal Injury Protection (PIP) coverage, which pays medical bills and part of lost wages regardless of fault.

PIP benefits kick in immediately, covering hospital bills, therapy, and some missed paychecks—up to policy limits.
Once PIP benefits are exhausted, you may still face uncovered expenses.
Fault-based claims allow you to sue the at-fault driver for pain and suffering, full wage losses, and other damages not covered by PIP.

Time Limits for Filing Claims

You have two years from the date of the accident to file a lawsuit in Delaware. Missing this deadline can permanently forfeit your right to compensation. Insurance companies may attempt to delay negotiations or make last-minute lowball offers.

Determining Fault

“Fault determination” requires more than a police report. Officers make educated guesses based on evidence and statements, but their report alone doesn’t prove your case.

Insurance adjusters investigate vehicle damage, interview witnesses, and sometimes hire accident reconstruction experts. Delaware follows modified comparative negligence rules:

If you are partially at fault, your compensation is reduced proportionally.
If you are 50% or more at fault, you may recover nothing.

The Most Dangerous Roads in Wilmington

Certain Wilmington roads see higher accident rates due to traffic volume, intersections, and poor visibility. Drivers should exercise extra caution on:

Market Street: High congestion and multiple intersections make accidents common.
Delaware Avenue (Route 13): Fast-moving traffic and heavy commuter use.
Philadelphia Pike: Frequent commercial traffic and limited turning lanes.
I-95 and I-495 corridors near Wilmington: High-speed merges and exits increase crash risks.
Concord Pike (Route 202): Construction zones and commuter traffic contribute to collisions.

Knowing the local high-risk areas can help you avoid accidents and be better prepared in case of a crash.

Building a Strong Case

Evidence disappears quickly. Skid marks fade, witnesses forget details, and surveillance footage is often overwritten. Key evidence includes:

Photos: Vehicle damage, accident scene, skid marks, and debris.
Medical Records: Document injuries and treatment.
Employment Records: Prove lost wages.
Witness Statements: From accident bystanders or passengers.

Expert witnesses are often essential:

Accident reconstruction specialists
Medical experts to explain injuries and future care
Economic experts to calculate lifetime financial losses

Types of Compensation Available

Economic Damages: Medical bills, lost wages, property damage, and future care costs.
Non-Economic Damages: Pain and suffering, emotional distress, and reduced quality of life.
Punitive Damages: Rare, but possible in cases of reckless or drunk driving.

Settlement Timelines

Simple rear-end collisions may settle within 3–6 months, but complex cases with multiple vehicles, disputed fault, or severe injuries can take years.

What About Hit-and-Run Accidents in Wilmington?

If the at-fault driver flees, PIP benefits still apply, and uninsured motorist coverage may cover additional damages.

When Cases Go to Trial

Most cases settle, but some go to trial if insurers refuse reasonable offers. Trials carry risks and rewards: juries might award more than settlements—or nothing. Experienced trial lawyers can present strong cases and encourage fair settlements.

Wilmington Car Accident FAQs

Q: How soon should I contact a lawyer after an accident?
A: Immediately. Early legal guidance preserves evidence and protects your rights.

Q: What if I was partially at fault?
A: Delaware uses modified comparative negligence, so your compensation is reduced by your percentage of fault. No recovery is allowed if you are 50% or more at fault.

Q: Can I recover for emotional distress?
A: Yes. Non-economic damages cover pain, suffering, and emotional impact.

Q: Do all cases go to trial?
A: No. Most cases settle, but a lawyer prepared for trial strengthens your position and may result in a higher settlement.

Q: What is the statute of limitations in Delaware?
A: Two years from the date of the accident. Filing after this period can prevent you from recovering compensation.

Get Legal Help From Our Wilmington Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC

If you need a strong legal advocate after a car accident, trust the Wilmington car accident lawyers at McCann Dillon Jaffe & Lamb, LLC. We have secured over $200 million in recoveries for clients over the past 15 years and are ready to fight for you, too. For a free consultation, call 302-888-1221 or contact us online. Our Wilmington office proudly serves clients in the surrounding areas.