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Knepper Stratton Delaware Auto Injury Lawyers

Delaware Truck Accident Injuries: Compensation for Injured Victims

Last year in Delaware, there were 1,864 traffic accidents that involved a truck tractor, semi-trailer or commercial van/truck. This represents a 20% increase in the total number of truck accidents in Delaware (in 2015, there were 1,555 truck accidents). In addition, 513 people were injured in truck accidents in 2016, a 33% increase from 2015. Data source: Delaware State Police Traffic Annual Report 2016.

According to this data, there were about 5 truck accidents every day in Delaware last year, and an average of 1.5 people were injured every day as a result.

truck highway rainTruck accidents tend to result in serious injuries. This is because of the size difference between commercial trucks or tractor-trailers and passengers vehicles. A typical auto accident involving two passenger cars might not result in major injuries, but if a large truck is involved, the accident could be very serious.

For instance, a Delaware resident is driving to work and is stopped at a red light. A small passenger vehicle approaching behind fails to stop and strikes the car ahead at 20 miles per hour. The impact causes the driver of the first car to sustain minor back injuries. However, if the vehicle approaching from behind was a large semi-truck, the accident would probably have been much worse. The car in front may have been pushed into the intersection and into oncoming traffic, thus causing a second impact. What would have been minor back injuries are now much worse and include a broken arm, head trauma and a shoulder injury requiring surgery.

Related Truck Accident Case Result:  $300,000 – Truck accident in Middletown, New Castle County, Delaware (rear end traffic accident that caused a second impact).

PIP Claims

Under Delaware auto insurance law, every insurance policy issued in this state is required to provide at least $15,000 of PIP (Personal Injury Protection) benefits. PIP coverage applies to medical treatment for injuries caused by a car, truck or pedestrian accident.

Using the example above, how does the Delaware resident’s medical bills get paid? The injured individual would make a PIP claim for the medical bills, as well as any lost wages. Get more info about PIP claims after a Delaware auto accident.

What Happens When PIP is Exhausted?

In many truck accident cases in Delaware, the injured individual will exhaust their PIP coverage, i.e., their medical bills will exceed the PIP limit. Some individuals elect higher PIP limits, but again, the state-required minimum is $15,000. Once PIP is exhausted, the injured individual’s private health insurance would kick in to cover the rest of the bills.

Lawsuits for Truck Accident Injuries – Financial Compensation

In the example above, the injured individual would have a valid lawsuit against the truck driver and the truck driver’s employer so long as the truck driver was acting in the course and scope of employment at the time of the accident.

The individual would be able to make claims for all financial losses, including all medical bills that were paid by any private health insurance company, lost wages, out of pocket expenses, etc. In addition, there would be a claim for pain and suffering, the physical pain and mental trauma caused by the accident and injuries.

Delaware Truck Accident Lawyer – Cases Handled in Wilmington, Dover & Newark

Knepper & Stratton has significant experience handling truck accident cases throughout Delaware. For a free consultation in a truck accident case, please contact us at (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.


Knepper Stratton Delaware Car Accident Lawyers

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    *Free consultation for Delaware personal injury or auto injury cases. No attorney-client relationship is created by use of this contact form. Read disclaimer at the bottom of this page.

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