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How do you determine fault in a Delaware car accident case? By a Delaware car accident lawyer.

Answered by a Delaware car accident lawyer: In any car accident case in Delaware, there are many factors which come into play when determining negligence or who was at fault for causing the car accident. Whether it’s a car, truck or pedestrian accident, each case is unique, and determining fault will generally require assistance of a Delaware car accident lawyer.

In Delaware, negligence is generally defined as failing to take ordinary, reasonable care, under the circumstances. In general, liability will be clear when there is proof that another driver commits any of the following:

  • speeds,
  • runs a red light,
  • runs a stop sign,
  • drives under the influence of drugs or alcohol, or
  • rear ends a car in front.

Stop Sign Stop all the wayHowever, there may be cases when liability is not so clear. If the parties involved in the accident were negligent and caused the accident, liability may be apportioned in accordance with Delaware comparative negligence law.

For instance, if one driver is speeding and another driver runs a red light or fails to make a complete stop at a stop sign, liability may be apportioned between the parties. We see this in intersection accident cases, especially when it is unclear who had the red light. In addition, pedestrians may bear some liability for causing an accident when they walk outside of a crosswalk and get hit by a car.

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

Those who are injured in car, truck or pedestrian accidents in Delaware may be entitled to receive financial compensation for their injuries. It is important to speak to a Delaware car accident lawyer as soon as possible to discuss liability in a specific case.

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Delaware Car Accident Lawyer with Over 40 years of Experience

Since 1982, 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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