January 27, 2022
If you've reached this page, then it's likely that you were recently involved in an auto accident. More specifically, one that you believe was your own fault.
So, since you're taking responsibility for the crash, then there's no way that a Delaware car accident lawyer can prove useful, right? Not so fast.
Before taking a rushed decision on a matter as critical as seeking legal representation after an incident as serious as a car accident, it's important to understand exactly what legal options are at your disposal.
Determining Fault In Car Accidents
The average resident of Delaware is not too familiar with the specific details of the law. Of course, this is no fault of their own.
Delaware statutes are dense, and they carry exceptions that decide how a claim turns out. Lawyers spend years studying the laws of a specific state, much like doctors spend years in residency training in a field of medicine. It would be more than unreasonable to expect every driver on the road to understand all of the laws surrounding automotive accidents and, as experienced car accident attorneys ourselves, we can tell you that they're just as exciting and easy to understand as you can imagine, which is to say not at all.
For this reason, it's important not to rush to conclusions regarding fault in auto accidents. Additionally, placing blame on a particular party isn't always a binary decision.
Partial Fault In Accidents
The fault in a car accident case doesn't always rest on a single driver's hands. As the common saying goes, it "takes two to tango."
You may have run a stop sign, but the other driver may also have been driving at an excess of speed or even failed to stop completely. It's also possible that the stop sign was obstructed from view by some unkempt plants which prevented you from noticing it. In many cases, it is possible that both parties had a chance to avoid the collision.
Unfortunately, many drivers tend to commit traffic infractions on a regular basis, whether they realize it or not. It is these same infractions that can have an influence in collisions and can ultimately be found to have at least partial blame in an accident.
Should I Get A Lawyer If A Car Accident Was My Fault?
Even if you are certain that the car accident was your fault, it is still advised that you seek legal insight.
An experienced lawyer will be able to break down your accident step-by-step, and then determine whether you have any potential for compensation. Car accidents can seem simple on the surface, but their repercussions are anything but.
Delaware follows a modified comparative negligence rule (10 Del. C. § 8132). An injured person whose share of fault is not greater than the combined fault of the other parties can still recover, but the award is reduced by their percentage of fault. A person found more than 50% at fault generally cannot recover. Calculating these 'percentages' is a complex legal matter. Most drivers on the road today barely remember the questions on their driver's license test, so how can they be expected to calculate their percentage of liability in an accident? Simply put, they're not.
It is in these cases where having an attorney by your side can prove vital. An experienced legal representative has handled similar claims in the past. Not only this, they are also intimately familiar with the relevant legal code, as well as any recent changes that may have been instituted. If recent landmark cases have changed the way in which drivers can file claims and be compensated, they will understand and be able to apply these, too.
Free Accident Consultations
It is as a result of the perplexing nature of car accident law that our car crash lawyers make their services available to accident victims at no cost via free legal consultations. If you were in an accident, they will review your case for free and explain the legal recourses at your disposal. We work on a contingency fee basis, and our fee is 33.33% of the recovery. No attorney's fee unless we recover, and we advance case costs. If we don't win, you owe nothing.
Call us today to schedule your free case evaluation. You can also use our online contact form and we'll reach out at a time that suits you.
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Request a free injury case evaluation or call (302) 781-3077. Our contingency fee is 33.33%. No attorney's fee unless we recover, and we advance case costs. If we don't win, you owe nothing.
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