So far this year, there has been a significant increase in the number of fatal car accidents in Delaware. Compared to last year, around this time, there were 20 fatal car accidents. This year, there have been nearly 30 fatal car accidents. Source, Delaware Fatal Crash Summary
Comparison of Fatal Car Accidents in Delaware, 2013 and 2014 (January 1 through April 14)
| 2013 | 2014 | |
| Total | 20 | 28 |
| Alcohol Related (Drunk Driving) | 8 | 4 |
| Motorcycle Accidents | 1 | 3 |
| Pedestrian Accidents | 7 | 1 |
| Bicycle Accidents | 0 | 0 |
| Seat Belts Used | 6 | 13 |
| Seat Belts Not Used | 6 | 9 |
| Seat Belt Use Unknown | 0 | 1 |
Related: Should You File a Car Accident Lawsuit in Delaware – How Long Does the Case Take to Resolve (Part 1)
Interestingly, in 2013, there were significantly more drunk driving accidents and pedestrian accidents than in 2014, but a lower number of fatal car accidents. So far in 2014, there have been 8 more fatal car accidents than in 2013.
Also, in 2014, more occupants used seat belts, despite the fact that there were more fatal accidents. Generally, failure to use seat belts contributes to an overall higher fatal crash rate.
The most likely reason for the marked increase in car accidents in 2014 is the inclement weather this past winter. As a result of record amounts of snow, Delaware drivers faced snowy and icy roads through the first several months of 2014.
Delaware Car Accident Law, Claims in Fatal Car Accident Cases
No-Fault PIP Claims
High speed and intersection accidents often result in major injuries and in many cases, fatalities. Injured drivers and passengers who are covered under an applicable car insurance policy issued in Delaware will be able to make a Personal Injury Protection (PIP) claim to obtain coverage for medical bills, lost wages and other expenses. PIP also covers funeral and burial expenses, up to $5,000. Such claims are made without regard to fault. In other words, it does not matter who caused the accident, if you’re injured, you generally make a PIP claim with your own car insurance company. There are, however, a few exceptions. For instance, injured passengers will make PIP claims under the car insurance policy covering the car they were riding in. Click here to read more about an injured passenger’s rights after a car accident in Delaware.
Negligence Lawsuits
Injured drivers and passengers may make claims against at-fault parties, those who caused the accidents. In fatal accident situations, survivors of the deceased may institute a wrongful death action. In a negligence or tort action, the plaintiff (injured party) files a lawsuit against the defendant (at-fault party). Ultimately, the at-fault party may be ordered to pay monetary damages to the injured party for:
- medical expenses in excess of PIP,
- lost wages in excess of PIP,
- other miscellaneous economic loses, and
- pain and suffering.
In some situations, the spouse of an injured driver may have a valid loss of consortium claim. Under Delaware law, when a married person is injured in a car accident and that injury negatively affects the marriage, the spouse may be able to receive financial compensation for the loss of company, cooperation, affection, etc., that was previously a feature of their married life.
Please contact our car accident lawyers for a free case review. Firm founder, Martin Knepper has been handling auto accident cases for over 30 years. (302) 658-1717
*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. 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. Any discussion of results is no guarantee of the same or similar results in current or future cases.
*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.
