DE Pedestrian Accidents: Maximize Your Compensation Claim

Walking is a common mode of transportation and recreation, but it comes with inherent risks. In Delaware, pedestrian accidents are a serious concern, with the state sometimes ranking among the most dangerous in the nation for people on foot. If you or a loved one has been injured in a pedestrian accident in Delaware, understanding your rights and how to maximize your compensation claim is crucial.

Understanding the Risks

Delaware’s mix of busy roadways, walkable areas, and increasing urbanization contributes to the risk of pedestrian accidents. Several factors contribute to these incidents:

Distracted Driving: Drivers using phones or GPS devices are less attentive to their surroundings.
Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of an accident.
Failure to Yield: Drivers failing to yield to pedestrians in crosswalks or intersections.
Impaired Driving: Alcohol or drug use impairs judgment and coordination.
Low Visibility: Accidents are more likely to occur at night or in poor weather conditions.

Delaware Law and Pedestrian Rights

Delaware law outlines the rights and responsibilities of both drivers and pedestrians. Key points to remember include:

Right-of-Way: Pedestrians have the right-of-way in crosswalks and when following traffic signals. Drivers must yield to pedestrians on sidewalks.
Sidewalks: Pedestrians are expected to use sidewalks when available. If there is no sidewalk, they should walk as far to the side of the road as possible, facing traffic.
Comparative Negligence: Delaware follows a comparative negligence system. If a pedestrian is found to be partially at fault for the accident (up to 50%), their compensation will be reduced accordingly. If they are more than 50% at fault, they cannot recover damages.

Steps to Take After a Pedestrian Accident

If you are involved in a pedestrian accident, taking the following steps can significantly impact your ability to maximize your compensation claim:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention, even if you don’t feel seriously injured. Some injuries may not be immediately apparent.
Report the Accident: Call the police and ensure an official report is filed. This report provides an objective account of the incident.
Gather Information: If possible, collect the driver’s contact and insurance information. Also, get contact information from any witnesses.
Document the Scene: Take photos of the accident scene, including vehicle damage, your injuries, traffic signals, and road conditions.
Preserve Evidence: Keep any damaged clothing or personal items as evidence.
Contact a Delaware Pedestrian Accident Lawyer: An attorney can protect your rights and guide you through the legal process.

Maximizing Your Compensation Claim

To maximize the compensation you receive for your injuries and losses, consider the following strategies:

Document Everything: Keep detailed records of all medical treatments, expenses, and lost wages.
Identify All Liable Parties: In addition to the driver, other parties may be liable, such as vehicle manufacturers (in case of defects) or government entities responsible for road maintenance.
Assess All Damages: Compensation may be available for economic damages (medical bills, lost wages, future medical expenses) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
Negotiate with the Insurance Company: Insurance companies may try to minimize payouts. An attorney can negotiate on your behalf to ensure a fair settlement.
File a Lawsuit if Necessary: If a fair settlement cannot be reached, your attorney can file a lawsuit to protect your rights.

Types of Compensation Available

In a Delaware pedestrian accident claim, you may be entitled to compensation for the following:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and necessary medical equipment.
Lost Wages: You can recover lost income if your injuries prevent you from working.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the accident.
Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, you may be compensated for this loss.

The Role of a Pedestrian Accident Lawyer

A skilled Delaware pedestrian accident lawyer can provide invaluable assistance in maximizing your compensation claim:

Case Evaluation: An attorney can assess the strengths and weaknesses of your case and advise you on the best course of action.
Investigation: They can investigate the accident, gather evidence, and identify all liable parties.
Negotiation: An attorney can negotiate with the insurance company to reach a fair settlement.
Litigation: If necessary, they can file a lawsuit and represent you in court.
Protection of Your Rights: An attorney will ensure your rights are protected throughout the legal process.

Recent Increase in Fatal Pedestrian Accidents

It’s important to note that Delaware has seen a concerning rise in fatal pedestrian crashes in recent years. In 2024, there were 36 fatal pedestrian crashes, up from 28 in 2023. This highlights the importance of pedestrian safety and the need for drivers to be vigilant in watching out for pedestrians.

Don’t Wait, Take Action Today

If you or a loved one has been injured in a pedestrian accident in Delaware, don’t wait to take action. Contact a qualified Delaware pedestrian accident lawyer to discuss your case and learn how to maximize your compensation claim.