A walk to work along Market Street in Wilmington or near the beach in Lewes can become dangerous if a driver fails to notice a pedestrian. Delaware consistently faces a serious pedestrian-safety problem. The Delaware Office of Highway Safety reports that the state has one of the nation’s highest per-capita pedestrian fatality rates.
Pedestrian cases are often more complex than just a car hitting a person. Delaware law gives pedestrians certain rights and duties. If you were hit by a vehicle, a Delaware pedestrian accident lawyer can help you understand what happened, determine who is responsible, and explain your options after the accident. Contact our lawyers today.
What a Delaware Pedestrian Accident Lawyer Wants You to Know
If you were hit by a vehicle while walking in Delaware, here is what our attorneys think is most important to understand.
- Delaware has one of the nation’s highest per-capita pedestrian fatality rates, and pedestrians have specific rights and duties under Delaware law, including the right of way in crosswalks.
- Crossing outside a marked or unmarked crosswalk does not automatically bar a claim. Factors like the driver’s speed, visibility, and ability to avoid the impact still matter.
- Delaware follows a comparative negligence rule, so you can still recover compensation as long as your share of fault is not greater than the driver’s, though your recovery is reduced by your percentage of fault.
- You generally have two years from the injury date to file a claim, but some government-related claims, including certain claims against the City of Wilmington, require written notice within one year.
When Do Delaware Pedestrians Have the Right of Way?
Delaware law protects pedestrians’ right of way in crosswalks. Depending on the traffic signals and how cars move through the intersection, drivers may need to slow down or stop for people already crossing. Drivers are also required to be careful and avoid hitting pedestrians.
Pedestrians also have responsibilities. They need to follow pedestrian signals and traffic rules. If someone crosses a roadway outside a marked crosswalk or an unmarked crosswalk at an intersection, different rules apply, and pedestrians must yield to vehicles.
These details are important after an accident. Just because someone crossed outside a crosswalk does not mean they cannot make a claim or that the driver is not responsible. Factors like speed, visibility, traffic, turning, and whether the driver could have avoided the impact all matter.
What Must You Prove in a Delaware Pedestrian Accident Claim?
A negligence claim usually looks at four main questions: Did the driver or another party owe a duty of reasonable care? Was that duty breached? Did the breach cause the accident or injury? What losses happened as a result?
For a pedestrian collision, potential evidence may show that a driver:
- Failed to yield at a crosswalk or intersection,
- Turned without adequately checking for pedestrians,
- Drove too fast for the conditions,
- Failed to stop or respond to a pedestrian in the roadway,
- Drove while distracted or impaired, or
- Struck a pedestrian after ignoring a traffic signal or stop sign.
Other parties can sometimes be involved. Dangerous roads, poorly maintained sidewalks, faulty car parts, or actions by multiple drivers can complicate matters. It is important to investigate carefully and not rely on first impressions.
Being Hit While Walking Is Never “Just an Accident”
Insurance adjusters are quick to question where you were walking instead of looking at the full picture. Our Delaware pedestrian accident attorneys investigate the roadway, the video, and the driver’s conduct so the facts, not assumptions, decide your case.
Schedule A ConsultationWhat Should You Do After a Delaware Pedestrian Accident?
If you can do so safely, gather information without risking your safety:
- Get medical care, even if you do not feel injured;
- Identify the available auto insurance coverage and report the crash as soon as possible;
- Keep a record of treatment and costs; and
- Keep photos or messages regarding the crash.
Delaware insurance rules may offer PIP benefits to injured pedestrians, so it is important to find the right coverage early in your claim. If an insurance adjuster contacts you, remember you do not have to handle the legal details by yourself. Before giving a recorded statement or accepting a settlement, talk to an attorney about your case and coverage.
You usually have two years from your injury date to file a personal injury claim, but exceptions exist. Some government-related claims have earlier notice requirements. For example, certain injury claims against the City of Wilmington generally require written notice within one year, even though Delaware’s usual personal injury filing period is two years.
Discussing your case early with a Delaware pedestrian accident lawyer can help you meet deadlines and keep important evidence.
Can You Recover If You Were Partly at Fault for the Collision?
This situation often complicates pedestrian cases. Delaware applies a comparative negligence rule. Being partly at fault does not automatically end your pedestrian injury claim. A pedestrian may still recover if their share of negligence is no greater than that of the defendant or defendants, although compensation is reduced by their percentage of fault.
For example, if a pedestrian crosses outside a crosswalk and a driver is speeding or distracted, the insurance company may focus on where the pedestrian was. However, a full review will also examine the driver’s speed, visibility, lighting, traffic conditions, and whether the driver had time to react.
Why Pedestrian Crashes Happen Differently Across Delaware?
Pedestrian crashes can happen on busy city streets, in suburban areas, on rural roads, in parking lots, and in beach towns. Even when the weather and lighting are good, drivers may still not see pedestrians.
Each location has its own risks. On Market Street in Wilmington, crashes may involve turning cars, multiple lanes, and traffic signals. On Route 1 near Sussex County beaches, heavy seasonal traffic and unfamiliar drivers can lead to accidents.
Common contributing factors include:
- Distracted driving or walking,
- Speeding or driving too fast for conditions,
- Failure to yield,
- Poor visibility or nighttime conditions,
- Impaired driving,
- Confusing or blocked sight lines, and
- Unsafe roadway or pedestrian infrastructure.
Where the accident happened is important evidence. Factors such as road design, signs, signals, lighting, weather, nearby businesses, traffic camera footage, and physical evidence from the scene all play a role.
What Evidence Can Show What Really Happened?
A pedestrian may remember the impact but little about the seconds before it. Vehicle damage, debris, surveillance or traffic camera footage, photographs, witness accounts, phone records, and signal data can fill those gaps.
For example, at a Wilmington intersection, a pedestrian may claim the walk signal was on while the driver asserts the light was green. Investigators must determine the signal phase, vehicle movement, pedestrian location, sight lines, and whether cameras recorded the incident.
Medical records are important because pedestrians can have fractures, internal injuries, traumatic brain injuries, spinal injuries, and other serious injuries needing emergency care, surgery, rehabilitation, or long-term treatment. The legal claim must show a connection between the accident and these physical, financial, and personal consequences.
How BMF Builds a Delaware Pedestrian Injury Case
At Brockstedt Mandalas Federico LLC, we approach pedestrian cases with a focus on the evidence. Before accepting what an insurer or driver says about the crash, our injury team reviews the roadway, available video, witness statements, medical records, insurance coverage, and other evidence to establish liability and damages.
That matters when facts are unclear. A driver might claim the pedestrian appeared out of nowhere. A witness may only remember the moment of impact. Video footage might show just a few seconds before the crash, not everything that happened. We can preserve the available evidence, compare different accounts with physical facts, find additional evidence, and build the case based on what the evidence shows.
Local knowledge is especially useful when the location is important to the case. With offices in Wilmington, Dover, Lewes, and Georgetown, our firm represents injured pedestrians across New Castle, Kent, and Sussex counties.
If you are looking for a pedestrian accident lawyer in Delaware, we can review the circumstances of the crash, identify the insurance and liability issues that matter, and explain your next steps. Contact us to discuss your case.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Delaware Code. Title 21, Motor Vehicles. Subchapter V. Pedestrians’ Rights and Duties
- 10 Del. C. § 8119. Personal injury limitations
- Delaware DMV. Pedestrian Safety Guide
- 10 Del. C. § 8132 – Comparative Negligence
- 10 Del. C. § 8124 – Notice of Claim Against City of Wilmington
- 21 Del. C. § 2118 – Motor Vehicle Insurance and PIP Coverage
- Delaware Office of Highway Safety. Pedestrian Safety
- Delaware Code. Title 10, Limitation of Actions
