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Negligence in a Delaware Car or Truck Accident Lawsuit

Under accident and injury law in Delaware, victims in car, truck or pedestrian accidents may be able to obtain fair compensation for their injuries. The key to success in any car accident case is proving negligence of the other driver, the person responsible for causing the accident.

The Definition of Negligence in a Delaware Car/Truck Accident Case

All drivers operating a car or truck in Delaware must act reasonably and prudently. Under Delaware law, negligence is defined as the lack of ordinary care – the absence of the kind of care a reasonably prudent and careful person would use in the same or similar circumstances. Therefore, a driver is negligent under Delaware law if his or her actions do not measure up to those of an ordinarily prudent and careful person. Similarly, if the driver’s conduct measures up to the actions of an ordinarily prudent and careful person, then he or she is not negligent under Delaware car/truck accident law.

In some car/truck accident situations, fault or negligence of the defendant-driver will be clear. For example, in a simple rear-end accident case, liability will generally be the fault of the driver who struck the rear of the car in front.

Suggested reading: Common Legal Claims Made in Delaware Car & Truck Accident Lawsuits

While fault in a rear-end accident case tends to be clear, fault is not always clear in other accident cases. In car accident cases where liability is unclear or is contested, proving negligence of the other driver may require use of the following:

  • testimony of the parties involved in the accident,
  • testimony of eyewitnesses, if any,
  • accident scene photos/diagrams, and
  • property damage photos.

In addition, an accident reconstruction analysis by a forensic expert may be necessary, especially in complex accident cases. For instance, an accident reconstruction may be necessary for an accident which occurred at a high speed and involved multiple cars or trucks.

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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