Fault in a car or truck accident in Delaware is not always clear. In some car accident cases, fault may at first seem clear, but as the case unfolds, fault becomes an issue. For instance, fault may seem to lie solely with a driver who runs a red light and strikes a car in an intersection. However, the driver may claim that the light was yellow or may blame the other driver for speeding.
Therefore, proving fault may require the assistance of a car accident lawyer. This is especially true at early stages when a car insurance company adjuster gets involved in handling the car accident injury claim. Victims of car accidents in Delaware often need help dealing with insurance companies, which are notorious for delaying, denying or low-balling payments. Car accident injury claims are often handled by insurance adjusters whose single goal is to pay the least amount possible on a given car accident claim.
A Common Tactic Employed by Car Insurance Company Adjusters When Handling Car Accident Claims
One common tactic employed by insurance companies is denying fault even though fault clearly rests with the insured driver. For example, let’s say you’re injured in a car accident and start an insurance claim with the insurance company of the other driver who caused the accident. The police report backs up your side of the story and assigns fault to the other driver. However, when you talk to the insurance company for the other driver, the insurance adjuster says that they believe you share fault for the accident. You’re stunned because the police report clearly states otherwise. Despite arguing otherwise, the insurance company refuses to budge. What do you do?
Delaware Car Accident Law – Proving Fault or Negligence
Under Delaware car accident law, negligence or fault is never presumed and must be proved with evidence. So, someone who is injured in a car accident, even though fault may seem clear, must still prove the other driver’s negligence. In a nutshell, negligence is acting in an unreasonable way or failing to do something that a reasonably prudent person would do. Proving negligence or fault in a car accident requires evidence, such as:
- testimony (parties/eyewitnesses),
- drawings/depictions, and
- expert reports (accident reconstruction reports, if necessary).
While the police report is helpful, it is not admissible in court to prove negligence. The report may be referenced by a police officer during testimony to help refresh the officer’s memory, but it is otherwise inadmissible. Therefore, in a car accident situation where the police report makes it clear that the accident was the other driver’s fault, that fault must still be proved with evidence. Read more about negligence in a car accident case in Delaware.
When an insurance adjuster assigns fault to the innocent driver, the only option may be to file a lawsuit with the help of a car accident lawyer.
More from a Delaware car accident lawyer:
- Recovering Medical Bills in a Delaware Car or Truck Accident Case
- Delaware Car & Truck Accident Law – Intersection and Left Hand Turn Accidents
Delaware Car 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.