Drivers on Delaware roads and highways come from all over the east coast. Many residents of neighboring states like Pennsylvania and Maryland are driving into and through Delaware. Some individuals who live out of state actually work in Delaware. For instance, many residents of PA commute to Delaware for work. It’s not uncommon to see many cars with Pennsylvania license plates in and around the Wilmington area.
Here are 3 things Pennsylvania drivers should know about Delaware auto law.
1. Hands Free Devices Required for Cell Phone Calls When Driving in Delaware
Many Pennsylvania residents who are driving to Delaware may be talking on a cell phone and cross the state line, not realizing that Delaware law restricts cell phone use when driving.
While Pennsylvania law currently allows drivers to make cell phone calls when driving, Delaware does not. In fact, Delaware law bans use of a cell phone without a hands free device, except in cases of emergencies. While driving in the state of Delaware, you are not allowed to hold the phone in your hand, let alone, dial a number, text, email, etc. The restriction also applies to other electronic devices (GPS, pager, etc).
2. Injured in a Delaware Auto Accident? Your Threshold Election May Not Apply
Pennsylvania drivers who are injured in auto accidents in Delaware are often confused about the insurance process, especially because of a very complex body of law, Pennsylvania limited tort law. Pennsylvania residents who have limited tort car insurance policies and are injured in auto accidents that occur in Pennsylvania are generally unable to bring car accident lawsuits and obtain financial compensation for pain and suffering. There are some limited exceptions.
However, the limited tort election would probably not follow a Pennsylvania resident to Delaware. In other words, a PA resident injured in a car accident in Delaware would be able to make a claim for pain and suffering without limitation. Multiple Delaware courts have held that out of state residents’ tort elections do not apply to auto accidents which occur in this state.
3. Delaware Law is Friendly for Auto Accident Victims
Delaware auto accident law is friendly to drivers, passengers and pedestrians who are injured in auto accidents in this state. This is due to Delaware’s plaintiff-friendly car accident laws. In addition, time and time again, Delaware courts have ruled in favor of auto accident victims. Delaware trial and appellate courts consistently recognize that Delaware auto insurance law is designed to promote full compensation to all victims of auto accidents such as car, truck and pedestrian accidents. See Progressive v. Mohr, a 2012 Delaware Supreme Court case in which the court stated, “An important public policy goal of the automobile insurance statute is to promote ‘full compensation to all victims of automobile accidents.’”
Injured in a Car Accident in Delaware? Get Help Now
If you live in PA or MD and were injured in a car accident in Delaware, please call our office for a free consultation at (302) 658-1717. We have offices in Wilmington, Newark and Dover.
*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.