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Common Legal Claims Made in Delaware Car & Truck Accident Lawsuits

Car and truck accidents often result in serious injuries. While neck and back injuries are very common, head injuries and broken or fractured bones can also occur. Serious injuries may require surgery and physical therapy. Time is often taken out from work to attend medical appointments or to rest. Disability may also result.

Delaware Car & Truck Accident Law

Under Delaware law, those who are injured due to the negligence of others may be able to bring legal claims to recover for the losses caused by an accident. In the case of a car, truck or pedestrian accident, the law allows for fair and reasonable financial recovery for medical bills, lost wages, pain and suffering, etc. Read more about recovering pain and suffering damages in a Delaware car or truck accident case.

Common Legal Claims Made in a Delaware Car/Truck Accident Lawsuit

Many car and truck accidents occur due to a simple mistake, such as failing to pay attention, or in some cases, use of a cell phone. Read about cell phone use and car accidents in Delaware.

Under the law, drivers have a duty to act reasonably to protect themselves and others from harm. When an accident occurs, there are two general legal claims which can be made in addition to violation of Delaware traffic laws: failure to keep a lookout and failure to maintain proper control.

Failure to Keep a Lookout

Car accident on highwayUnder Delaware car and truck accident law, drivers must keep a proper lookout for the safety of  other drivers and pedestrians on the road. This duty encompasses an obligation to see what is in plain view. Drivers must look and see things that a person who exercises ordinary care and caution would see under the same or similar circumstances.

For example, a driver who turns left, enters a crosswalk and ends up striking a pedestrian has a duty to see what is in plain view – the pedestrian crossing the street. Failure to do so is likely to result in liability.

Failure to Maintain Proper Control

In addition, Delaware car accident law requires drivers to keep their vehicles under proper control at all times. This means that a car or truck must be operated at a reasonable speed and with sufficient attention such that a sudden stop or maneuver is possible. Causing an accident by speeding and then drifting into another lane is an example of failing to maintain proper control of a vehicle.

Related articles by a Delaware car/truck accident lawyer:

Delaware Car & Truck Accident Lawyer with Over 30 Years of Experience

Since 1982, firm founder, Martin Knepper, has served residents of Delaware in all personal injury matters, including car accidents and truck accidents. Contact our accident lawyers today and ask for a free consultation. (302) 658.1717

Our lawyers serve residents throughout the Delaware area, including: Wilmington, Newark, Dover, Middletown, and Smyrna. We also represent residents of other states such as Pennsylvania, New Jersey, Maryland and Virginia who are injured in car or truck accidents while in Delaware. For more information, please contact us.

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.

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