Being the victim of a truck accident can feel devastating. The severe injuries, financial stress, and uncertainty can feel insurmountable. The sheer size, weight, and force involved in a commercial truck accident often result in injuries that are significantly more severe than those sustained in typical passenger vehicle collisions.
In 2024, there were 2,362 crashes involving semi-trucks and commercial trucks or vans in Delaware. If you or a family member has been injured in a truck accident, you may be facing serious consequences, including financial strain, mounting medical bills, and an inability to fully participate in your daily life.
If you were hurt in a truck accident in Delaware, contact Brockstedt Mandalas Federico LLC for honest, realistic legal guidance. We will provide you with your options and answer any questions you may have. Our attorneys and support staff are committed to providing knowledgeable and caring representation while pursuing the compensation you deserve.
What a Delaware Truck Accident Lawyer Wants You to Know
If you were hurt in a truck accident in Delaware, here is what our attorneys think is most important to understand.
- In 2024, Delaware saw 2,362 crashes involving semi-trucks and commercial trucks or vans, and these accidents often cause more severe injuries than typical passenger vehicle collisions.
- More than just the truck driver may be liable, including the trucking company, a warehouse or cargo loading facility, or another driver, which is why a thorough investigation matters.
- Delaware’s PIP coverage may pay initial medical expenses and lost wages regardless of fault, but catastrophic truck accident injuries often require pursuing the responsible parties for full compensation.
- You generally have two years from the date of the accident to file a truck accident lawsuit in Delaware, though the deadline is tolled for minors until they turn 18.
Who Can Be Held Liable in a Truck Accident?
While most people’s first thought is the truck driver’s liability, it is often not that straightforward. Although driver negligence is a common cause of truck accidents, other parties may also share in responsibility.
The Trucking Company
The trucking company, often the truck driver’s employer, may be responsible for damages in a truck accident. Negligent hiring, failing to check driving records, lack of training, and negligent supervision may all support claims against the company.
Warehouse or Cargo Company
Improper loading, including loading trailers that are overweight or loaded unevenly, can lead to a terrible accident. If the warehouse or cargo loading facility negligently loaded the trailer, and that negligence caused the crash, they may be legally responsible.
Another Driver
A third party may be fully or partially responsible for the accident. Another driver’s negligence, such as speeding, drinking and driving, or using a cellphone, may have caused the accident.
Identifying potentially liable parties is the first step in a successful lawsuit. Our attorneys are experienced in identifying responsible parties. We will conduct a thorough investigation to determine who and what caused the crash.
You Deserve Honest Guidance, Not Just a Case Number
A truck accident can leave you facing severe injuries, mounting medical bills, and endless uncertainty. Our Delaware truck accident attorneys provide honest, realistic guidance and the resources needed to take on large trucking companies and their insurers, so you can focus on recovery while we pursue the compensation you deserve.
Schedule A ConsultationWhy Are Truck Accidents So Challenging?
Truck accident cases are often more complicated than other motor vehicle accident claims because they may involve multiple liable parties, extensive evidence, and state and federal regulations.
Additional complexities include:
- Federal safety regulations governing commercial drivers,
- Electronic logging device (ELD) data, and
- Large commercial insurance carriers.
Working with a Delaware truck accident attorney can significantly improve your ability to investigate the accident, preserve evidence, and pursue full compensation.
What Compensation Can I Recover After a Truck Accident?
Delaware requires most drivers to carry Personal Injury Protection (PIP) coverage, which may provide benefits for medical expenses and lost wages regardless of who caused the accident. Because truck accidents often result in catastrophic injuries, PIP benefits alone may not fully compensate victims for their losses. In many cases, pursuing a claim against the responsible parties is necessary to recover the full compensation available under Delaware law.
Compensation for injuries from a truck crash generally falls into two categories: economic and noneconomic damages. Both are intended to compensate injured victims for their losses as a result of the defendant’s negligence.
Damages may include:
- Medical expenses;
- Property damage, including vehicle repair or replacement costs;
- Pain and suffering; and
- Lost wages and diminished future earning capacity.
While these damages compensate an accident victim for what they have endured, punitive damages may be available in limited circumstances. Under Delaware law, punitive damages generally require evidence of willful, wanton, or reckless conduct rather than ordinary negligence.
Upon meeting with our Delaware truck accident lawyer, we will discuss the potential damages that may be available based on your specific circumstances.
How are Damages Evaluated After a Truck Accident?
Courts, attorneys, insurers, and experts evaluate damages based on the specific facts of each case.
Factors may include:
- The nature and severity of injuries,
- Your expected recovery and long-term prognosis,
- The impact on your ability to work and earn a living,
- The overall effect on your daily life and independence, and
- Available insurance coverage.
Evaluating each of these and other factors helps determine the value of your claim.
What Are Common Truck Accident Injuries?
Truck accidents can result in almost any injury from minor scrapes and bruises to death. Common injuries include:
- Traumatic brain injuries (TBIs),
- Multiple and compound fractures,
- Internal bleeding and organ damage,
- Spinal cord injuries and paralysis,
- Severe burns, and
- Psychological and emotional trauma.
Often, truck accidents leave victims with multiple serious injuries requiring lengthy hospital stays, surgery, and rehabilitation.
What Trucking Regulations Apply in Delaware?
Not only do commercial trucking carriers have to comply with regulations issued by the Federal Motor Carrier Safety Administration (FMCSA), but also those issued by the state. These rules include:
- Hours-of-service limitations,
- Vehicle inspection standards,
- Data recording device requirements,
- Drug and alcohol testing requirements, and
- Maintenance and service obligations.
Delaware commercial trucking regulations, along with mandatory FMCSA regulations, also govern size limits, weight rules, registration requirements, and other operational requirements.
How Long Do You Have to File a Truck Accident Lawsuit?
Generally, in Delaware, you have two years from the date of the accident to initiate a lawsuit. This is a strict deadline unless an exception applies. For instance, the statute of limitations for minors involved in a truck accident is tolled until they turn 18, at which point the applicable limitations period begins to run.
Other exceptions may alter the deadline and can shorten or lengthen the timeline under certain circumstances. It is best to meet with an attorney as soon as possible to ensure you do not miss the applicable deadline. Failure to file the complaint in a timely manner can result in a complete bar to recovery.
Speak with a Truck Accident Lawyer in Delaware
Whether you were involved in a jackknife tractor-trailer accident on I-95 outside of Wilmington or were rear-ended by a semi on county roads, a truck accident can leave you facing uncertainty while trying to recover from severe injuries.
At BMF, our attorneys have the resources and courtroom experience to investigate commercial trucking companies, identify all liable parties, and pursue the full compensation our clients are entitled to under Delaware law. We can assist you from the inception of your claim to the conclusion of your case.
Contact us today to discuss your legal options.
Official Legal and Other Sources
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
