Injured by a Drunk Driver in Delaware? Know Your Rights.

Injured by a Drunk Driver in Delaware? Know Your Rights.

Drunk driving is a serious problem in Delaware, impacting public safety and contributing to numerous accidents each year. In 2023, Delaware experienced 999 impaired driving crashes, with 24% being alcohol-related. If you’ve been injured by a drunk driver in Delaware, you need to know your rights and what steps to take to protect yourself and your future.

Understanding Delaware DUI Laws

Delaware has strict laws in place to deter and penalize drunk driving. Driving under the influence (DUI) in Delaware is defined as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For drivers under the age of 21, the BAC limit is even lower, at 0.02%, under Delaware’s Zero Tolerance Law.

Key Points of Delaware DUI Laws:

  • “Drive” Defined: Includes driving, operating, or having actual physical control of a vehicle.
  • Covered Vehicles: Applies to vehicles, off-highway vehicles, and mopeds.
  • BAC Limits: 0.08% or higher for drivers 21 and over; 0.02% or higher for drivers under 21.
  • Implied Consent: By driving in Delaware, you consent to a chemical test if suspected of DUI. Refusal leads to license suspension.
  • Drinking While Driving: It is illegal to consume alcohol while driving in Delaware.

Penalties for DUI: Penalties for DUI in Delaware can include fines, license suspension, mandatory alcohol education programs, and even imprisonment, depending on the severity of the offense and whether it is a repeat offense.

  • 1 st Offense: Fine not less than \$230.00 nor more than \$1,150.00 or imprisonment not more than 6 months or both; alcohol evaluation and a course of instruction and/or rehabilitation which may include confinement not to exceed 6-months and a fee not to exceed the maximum fine. Any period of imprisonment may be suspended.
  • 2nd Offense: Occurring within five years, fine not less than \$575.00, imprisonment not less than 60 days not more than 18 months. The minimum sentence may not be suspended.
  • 3rd Offense: Occurring within five years, constitutes a Class G Felony; Carries a fine not less than \$1,000.00 nor more than \$3,000.00 and imprisonment not less than one year nor more than two years. The first three months of imprisonment may not be suspended.
  • 4th or Subsequent Offense: Occurring anytime after three prior offenses, constitutes a Class E Felony and carries a fine not less than \$2,000.00 nor more than \$6,000.00 and imprisonment not less than two years nor more than five years. The first six months may not be suspended. Different penalties apply for a person who has not reached their 17th birthday.

Your Rights After a Drunk Driving Accident

If you’ve been injured in a car accident caused by a drunk driver in Delaware, you have the right to seek compensation for your injuries and damages. The compensation process can involve filing a personal injury claim against the drunk driver, negotiating with insurance companies, and, if necessary, pursuing a lawsuit in court.

Here are the steps you can take to protect your rights:

  1. Seek Medical Attention: Your health is the top priority. Get immediate medical attention for your injuries. This also creates a record of your injuries, which is crucial for your claim.
  2. Call the Police: Report the accident to the police. They will investigate the accident and create a police report, which is a vital piece of evidence.

  3. Gather Information: Collect as much information as possible at the scene, including:

    • The drunk driver’s name, address, phone number, and insurance information
    • The drunk driver’s driver’s license number
    • The make, model, and license plate number of the drunk driver’s vehicle
    • Contact information for any witnesses
    • Notify Your Insurance Company: Report the accident to your insurance company as soon as possible.
    • Consult with a Personal Injury Attorney: An experienced Delaware car accident attorney can help you understand your rights, gather the necessary evidence, and negotiate with insurance companies to ensure you receive fair compensation.

Understanding Insurance Coverage in Delaware

Delaware law requires all drivers to carry minimum amounts of car insurance. Understanding these requirements is crucial in determining the available compensation after a drunk driving accident.

Minimum Delaware Auto Insurance Coverage:

  • \$25,000 bodily injury liability coverage per person
  • \$50,000 bodily injury liability coverage per accident
  • \$10,000 property damage liability coverage per accident
  • \$15,000 Personal Injury Protection (PIP) per person and \$30,000 for all persons injured in any 1 accident.

Types of Coverage That May Apply:

  • Liability Coverage: The drunk driver’s insurance should cover your damages, but their policy may not be enough to cover all the damages.
  • Uninsured/Underinsured Motorist (UM/UIM) Coverage: Protects you if the drunk driver has no insurance or insufficient insurance to cover your damages. Delaware drivers are required to carry UM/UIM coverage unless they explicitly reject it in writing.
  • Personal Injury Protection (PIP): Delaware is a “no-fault” state for car insurance, meaning all drivers must carry personal injury protection (PIP). Regardless of who caused the accident, PIP covers your medical bills and lost wages up to the limits of your policy.

Compensation You May Be Entitled To

If you’ve been injured by a drunk driver, you may be entitled to compensation for the following damages:

  • Medical Expenses: Including past and future medical bills, rehabilitation, and therapy
  • Lost Wages: Including past and future lost income due to your injuries
  • Property Damage: Repair or replacement of your vehicle
  • Pain and Suffering: Compensation for the physical and emotional distress caused by your injuries
  • Punitive Damages: In some cases, you may be able to recover punitive damages, which are intended to punish the drunk driver for their reckless behavior.
  • Loss of consortium (marital relations)

Dram Shop Laws and Social Host Liability

Many states have “dram shop” laws that hold establishments accountable for serving alcohol to visibly intoxicated individuals who subsequently cause harm. However, Delaware does not have such statutes. The Delaware Supreme Court has consistently declined to impose dram shop liability without legislative action. Similarly, social host liability—where individuals hosting private events can be held responsible for serving alcohol to intoxicated guests—is limited in Delaware.

The Importance of Legal Representation

Navigating the legal process after a DUI accident can be complex and overwhelming, especially when dealing with the physical and emotional toll of the accident. An experienced car accident attorney can help you understand your rights, gather the necessary evidence, and negotiate with insurance companies to ensure you receive fair compensation. They can also represent you in court if a settlement cannot be reached, ensuring that your case is presented effectively.

Statute of Limitations

In Delaware, the statute of limitations for personal injury claims is two years from the date of the injury. This means you have two years from the date of the accident to file a lawsuit. It is important to contact an attorney as soon as possible to ensure your claim is filed on time.

Delaware Victims Compensation Assistance Program

In some cases, victims may be entitled to additional compensation through Delaware’s Victim Compensation Assistance Program, which provides financial aid to victims of violent crimes, including DUI accidents. The purpose of the Victims’ Compensation Assistance Program is to alleviate some of the financial burdens faced by victims, those that are directly related to the specific offense, by providing compensation for certain losses.

MADD (Mothers Against Drunk Driving)

MADD provides as many services as possible to victims of drugged and drunk driving crashes all at no charge. Here’s How They Help: EMOTIONAL SUPPORT, RESOURCES, EDUCATION, CRIME VICTIMS COMPENSATION, SUPPORT WITH PREPARING STATEMENTS, REFERRALS, and INFORMATION, EDUCATION, AND ASSISTANCE.

Don’t Wait, Take Action Today

If you or a loved one has been injured in a drunk driving accident in Delaware, it is crucial to take immediate action to protect your rights. Contact an experienced Delaware car accident attorney to discuss your case and explore your legal options. Remember, you don’t have to face this difficult time alone.