Three-Vehicle Crash in Wilmington, DE: Understanding Your Rights After Serious Injuries

A multi-vehicle collision can be a life-altering event, leaving you with serious injuries, mounting medical bills, and a confusing legal landscape. According to the Delaware Department of Transportation, there were 11,625 nonfatal motor vehicle crashes in 2019 alone, highlighting the potential for accidents on our roadways. If you’ve been involved in a three-vehicle crash in Wilmington, Delaware, understanding your rights is crucial to protecting your well-being and financial future.

What to Do Immediately After a Three-Vehicle Crash

The moments following a multi-car accident can be chaotic. However, taking the right steps can significantly impact your ability to recover compensation for your injuries and damages. Here’s what you should do:

Ensure Safety: Check yourself and others for injuries. If anyone is seriously hurt, call 911 immediately.
Move to Safety (If Possible): If the vehicles are obstructing traffic and it’s safe to move them, do so to prevent further collisions. However, if the accident is severe or moving the vehicles could compromise evidence, leave them where they are.
Call the Police: In Delaware, it’s essential to report any accident involving injuries or significant property damage (over $500) to the police. The police report can be a critical piece of evidence when determining liability and filing insurance claims.
Gather Information: Collect as much information as possible at the scene:
- Contact information for all drivers involved (names, phone numbers, addresses).
- Insurance details for all parties.
- License plate numbers and vehicle descriptions.
- Photos of the scene, including vehicle damage, road conditions, and any visible injuries.
- Contact details of any witnesses.
- Seek Medical Attention: Even if you feel fine, seek medical evaluation as soon as possible. Some injuries, like whiplash or concussions, may not show symptoms immediately but can worsen over time. A medical report also serves as essential documentation for your injury claim.
- Notify Your Insurance Company: Inform your insurance provider about the accident promptly. Stick to the facts and avoid offering opinions about who might be at fault.

Common Injuries in Three-Vehicle Accidents

The force and complexity of multi-vehicle accidents often lead to severe injuries. Some of the most common include:

Whiplash and Neck Injuries: Whiplash occurs when the head is violently jerked back and forth, straining the neck muscles and ligaments.
Head and Brain Injuries: These can range from mild concussions to traumatic brain injuries (TBIs), leading to cognitive issues, memory loss, and long-term disability.
Back and Spinal Cord Injuries: These injuries can include sprains, herniated discs, and severe spinal cord damage, potentially leading to reduced mobility or paralysis.
Broken Bones and Fractures: The impact of a multi-vehicle collision can cause fractures, particularly in the arms, legs, ribs, and pelvis.
Internal Injuries: Blunt force trauma can lead to internal bleeding, organ damage, or other life-threatening conditions.
Soft Tissue Injuries: Sprains, strains, and tears in muscles and ligaments are common due to the sudden and forceful movements during the crash.
Psychological Trauma: The emotional distress following a multi-vehicle accident can be significant, sometimes leading to post-traumatic stress disorder (PTSD).

Understanding Delaware’s Car Accident Laws

Navigating the legal aftermath of a three-vehicle crash requires understanding Delaware’s specific car accident laws:

No-Fault Insurance: Delaware is a “no-fault” insurance state, meaning that your own insurance company will typically pay for your medical bills and lost wages, regardless of who caused the accident. This is done through Personal Injury Protection (PIP) coverage, which is mandatory for all Delaware drivers.
Modified Comparative Negligence: While Delaware is a no-fault state, it also follows a “modified comparative negligence” rule. This means that you can still sue the at-fault driver for additional damages (like pain and suffering) if your injuries are serious enough. However, you can only recover damages if you are less than 51% at fault for the accident. If you are 51% or more at fault, you cannot recover anything.
Statute of Limitations: In Delaware, the statute of limitations for personal injury claims is two years from the date of the accident. This means you have two years to file a lawsuit against the at-fault party.

Determining Liability in a Three-Vehicle Crash

Determining who is at fault in a multi-vehicle accident can be complex. Several factors can contribute, including:

Driver Negligence: This includes actions like speeding, distracted driving, drunk driving, or violating traffic laws.
Weather Conditions: Poor weather, such as rain, fog, or snow, can reduce visibility and make roads slippery, contributing to accidents.
Road Hazards: Obstacles on the road, such as debris or potholes, can cause drivers to lose control.
Vehicle Malfunctions: Mechanical issues with a vehicle can also lead to accidents.

In a three-vehicle crash, it’s possible that one driver is entirely at fault, or that multiple drivers share responsibility. An investigation, often involving accident reconstruction experts, may be necessary to determine the sequence of events and the degree of fault for each driver involved.

Your Rights to Compensation

If you’ve been injured in a three-vehicle crash in Wilmington, DE, you may be entitled to compensation for:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and any necessary medical equipment.
Lost Wages: You can recover lost income if your injuries prevent you from working.
Pain and Suffering: This compensates you for the physical pain and emotional distress caused by your injuries.
Property Damage: You can recover the cost of repairing or replacing your damaged vehicle.

The Role of a Personal Injury Attorney

Navigating the complexities of a multi-vehicle accident claim can be overwhelming. A skilled Wilmington personal injury attorney can help you:

Investigate the Accident: They can gather evidence, interview witnesses, and work with accident reconstruction experts to determine liability.
Negotiate with Insurance Companies: Insurance companies often try to minimize payouts. An attorney can protect your rights and negotiate for a fair settlement.
File a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit on your behalf and represent you in court.
Understand Your Rights: An attorney can explain your legal rights and options, ensuring you make informed decisions.

Why You Need Legal Help

Multi-car accidents often lead to disputes over liability, especially when multiple insurance companies are involved. A skilled Delaware auto accident attorney can handle negotiations, ensure your rights are protected, and fight for fair compensation for your injuries, lost wages, and other damages.

Don’t Wait, Take Action Today

If you or a loved one has been seriously injured in a three-vehicle crash in Wilmington, DE, it’s essential to understand your rights and take the necessary steps to protect your future. Contact a qualified personal injury attorney today for a free consultation to discuss your case and explore your legal options.