Knepper & Stratton, Delaware Personal Injury Lawyers

Pedestrian Accident Injuries


Delaware Auto Accident Injury Lawyers – Pedestrian Accidents

According to the Delaware State Police, there are roughly 30 pedestrian deaths each year in this state. In 2012, there were 30 deaths, and in 2013, there were 26. In 2014, the most recent data available shows that there were 27 deaths due to pedestrian accidents.

Also, in 2014, there was a total of 366 traffic accidents involving pedestrians. The majority of pedestrian accidents and deaths occurred in New Castle County: 255 pedestrian accidents and 16 deaths, followed by Kent County with 59 pedestrian accidents and 9 deaths and then by Sussex County which had 52 pedestrian accidents and 2 deaths. *Data source: Delaware Annual Traffic Statistical Reports 2012-2014 (*2015 data not available).

More: Pedestrian Accidents in Delaware During the Holidays

Pedestrian Accident Injuries in Delaware

Pedestrian accidents often result in catastrophic injuries such as:

  • broken bones,
  • spinal injuries, and
  • head injuries.

pedestrian crosswalkPedestrians who are hit by cars often sustain broken bones in the extremities. Fractured ankles and legs are common. For example, a pedestrian is hit by a car in downtown Wilmington, Delaware. The car strikes the pedestrian who is walking in a crosswalk. The impact results in a tibial plateau fracture which requires implanting a surgical plate and several screws.

Cervical and lumbar injuries are also very common in pedestrian accidents. Spinal disc herniations can cause significant symptoms and pathology with or without spinal cord compression. In some instances, spinal injuries can greatly impact an individual’s ability to resume normal activities of daily life. A pedestrian who sustains a lower lumbar injury may have difficulty bending over or standing for long periods of time. If the individual’s job requires heavy lifting, the individual may not be able to resume work duties for several weeks.

Top Causes of Pedestrian Accidents in Delaware


Of the 27 pedestrians who were killed in Delaware traffic accidents in 2014, 40% (11) of them were under the influence of drugs or alcohol at the time of the accident. This clearly shows that pedestrians who are under the influence of drugs or alcohol are at risk of being hit by cars. Pedestrians who are under the influence engage in risky behavior such as walking into traffic, failing to use crosswalks, etc. These behaviors are especially dangerous at night.

Distracted & Careless Driving

Careless driving also leads to pedestrian accidents in Delaware. Drivers often fail to stop at stop signs or traffic lights or fail to yield the right of way to pedestrians in a crosswalk.

In addition, drivers are increasingly distracted these days, whether it’s due to having a conversation with a passenger or using a cell phone to make a call or text, which is illegal in the state of Delaware.

Legal Rights After a Pedestrian Accident in Delaware

PIP Benefits (Medical Benefits and Lost Wages)

Residents of Delaware who are injured in pedestrian auto accidents are usually eligible to make PIP (personal injury protection) claims for medical bills and lost wages. However, Delaware auto insurance law is very complex. Pedestrian rights to make PIP claims depend largely on whether the striking vehicle was insured in this state. If it was, the injured pedestrian is eligible to make a PIP claim under the striking vehicle’s auto insurance policy. If the striking vehicle was registered out of state, the injured pedestrian would make a PIP claim under their own auto insurance policy. Related: PIP Claims & Pedestrian Accidents in Delaware.

Pain & Suffering

In addition to PIP claims, injured pedestrians may make claims against negligent or at-fault drivers. Common claims for financial compensation include medical expenses and lost wages in excess of PIP and pain and suffering, i.e., the physical pain and mental anguish caused by physical injuries.

Delaware Auto Accident Lawyers: Wilmington, Newark & Dover

Call our DE auto accident injury lawyers for a free consultation. We handle pedestrian accidents, truck accidents and more. (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.