Delaware Truck Accident Lawyer
Delaware truck accident victims generally have 2 years to file a claim under the state's statute of limitations. Delaware follows a modified comparative negligence (51% bar) rule, and No cap on compensatory damages.
Key Takeaways
- Statute of limitations: 2 years
- Fault rule: modified comparative negligence (51% bar)
- Damages: No cap on compensatory damages.
- Delaware recorded roughly 15 large-truck crash fatalities in recent FARS/FMCSA data.
Truck accident laws in Delaware
| Statute of limitations | 2 years |
|---|---|
| Fault rule | modified comparative negligence (51% bar) |
| Damages | No cap on compensatory damages. |
Learn more on our Delaware truck accident laws page, including how comparative fault could affect your recovery even if you were partly at fault for the crash.
Dangerous highways in Delaware
The following interstates see the heaviest commercial truck traffic — and the highest concentration of truck crashes — in Delaware:
- I-95
- US-13
- DE-1
Common causes of truck accidents in Delaware
As in most states, the leading causes of serious truck crashes in Delaware include driver fatigue, hours-of-service violations, brake failure, and distracted driving. Understanding which factor caused your crash is often the key to identifying every liable party.
What compensation is available in Delaware?
Compensation in a Delaware truck accident case typically includes medical expenses, lost income, pain and suffering, and — in cases of severe or permanent injury — future care costs and lost earning capacity. See our Delaware truck accident settlement guide for typical ranges by injury severity, and our Delaware truck accident statistics for the latest crash data.
Cities we serve in Delaware
- Wilmington, DE
- Dover, DE
- Newark, DE
Injured in a Delaware truck accident?
Answer a few quick questions and find out if you may qualify for compensation. No fee unless you win.
Frequently Asked Questions
How long do I have to file a truck accident claim in Delaware?+
Delaware's statute of limitations for personal injury is generally 2 years from the date of the accident.
What if I was partly at fault for the accident in Delaware?+
Delaware follows a modified comparative negligence (51% bar) rule, which determines whether and how much your compensation may be reduced based on your share of fault.
Are there caps on damages in Delaware truck accident cases?+
No cap on compensatory damages.