Can I Still File a Claim If I Was Partially at Fault for the Accident in Delaware?
Accidents aren’t always clear-cut. Maybe you were rear-ended but had stopped suddenly, or perhaps you were crossing a street outside the crosswalk when a distracted driver hit you. In many personal injury cases, fault isn’t entirely one-sided, and in Delaware, that doesn’t necessarily prevent you from pursuing compensation. Under Delaware’s comparative negligence law, you may still have the right to recover damages even if you were partly responsible for what happened. However, your share of fault will directly affect how much you can recover, and in some cases, whether you can recover anything at all.
This article explains Delaware’s comparative negligence rule, how it works in real-world accident scenarios, and what it means for your personal injury claim if you share responsibility for a crash or injury.
Understanding Comparative Negligence in Delaware
Delaware follows what’s known as a “modified comparative negligence” rule. This rule determines how fault is divided when more than one party contributes to an accident.
In simple terms, you can still recover compensation as long as your percentage of fault is 50% or less. However, if you are more than 50% responsible, you lose the right to collect any damages from the other party.
Your total compensation will also be reduced by your percentage of fault. That means if a jury finds that you were 20% responsible for the accident, your final award will be reduced by 20%.
This system aims to ensure fairness in situations where both parties made mistakes, but it also gives insurance companies a powerful incentive to push more blame onto you.
How Comparative Negligence Works in Practice
To understand how Delaware’s shared fault system affects your claim, it helps to look at a few examples.
Scenario 1: Rear-End Collision on I-95
Imagine you’re driving on I-95 near Wilmington and have to stop suddenly because traffic ahead slows down. The driver behind you is following too closely and crashes into your vehicle. Normally, rear-end accidents are clear cases of the following driver’s fault, but what if one of your brake lights was out?
In that case, an insurance adjuster or jury might determine that the other driver was 80% at fault for following too closely, while you were 20% at fault for failing to maintain your vehicle properly.
If your total damages, including medical bills, lost wages, and pain and suffering, amount to $100,000, your recovery would be reduced by 20%. That means you could still collect $80,000.
The law recognizes that while you shared some responsibility, the other driver’s negligence was primarily to blame.
Scenario 2: Pedestrian Crossing Outside a Crosswalk
Now consider another example. You’re walking in downtown Dover at night and cross the street mid-block instead of using a crosswalk. A speeding driver fails to see you in time and hits you. The investigation reveals that both you and the driver contributed to the crash.
A jury might decide you were 40% at fault for crossing unsafely, while the driver was 60% at fault for speeding and failing to keep a proper lookout. In this situation, you could still recover 60% of your damages.
However, if the evidence showed that you darted into the road suddenly and the driver had little or no chance to avoid you, your share of fault could rise above 50%. In that case, you would lose your right to recover compensation entirely.
This illustrates how critical the percentage of fault is in Delaware cases, and why skilled legal representation can make a major difference.
Scenario 3: Multi-Vehicle Pileup
In multi-car accidents, comparative negligence can become even more complicated. Suppose three vehicles collide on U.S. 13 near Smyrna after a sudden lane change. The first driver cut across traffic without signaling, you braked abruptly, and the third driver was following too closely.
The jury might assign fault as follows:
- First driver: 50%
- You: 30%
- Third driver: 20%
If you were injured, you could still pursue compensation because your share of fault (30%) is below the 50% threshold. However, your recovery would be reduced accordingly.
This type of case often involves multiple insurance companies, each trying to minimize their client’s liability. Having a personal injury lawyer who understands Delaware’s comparative fault laws is essential to protect your interests.
Why Delaware’s Comparative Negligence Rule Matters
The comparative negligence rule affects every part of a personal injury case, from how insurance adjusters calculate settlements to how juries determine awards. Insurance companies frequently use this rule to argue that an injured person deserves less compensation.
For example, after a car accident, the insurer might claim you were speeding, distracted, or failed to signal properly. Even a small percentage of fault can reduce your payout significantly.
This is why documenting the scene, gathering witness statements, and obtaining expert analysis is so important. The stronger your evidence, the less room insurers have to shift blame onto you.
How Fault Is Determined in Delaware
Delaware law allows fault to be determined by the court, a jury, or the insurance companies involved, depending on whether your case is settled or goes to trial.
The determination is based on evidence such as: police accident reports, eyewitness statements, traffic camera or dashcam footage, vehicle damage analysis, cell phone records (in distracted driving cases), and expert testimony on crash reconstruction.
In settlement negotiations, your attorney will often use this evidence to push back against exaggerated fault claims. If the case proceeds to court, the jury assigns a percentage of fault to each party.
Because this process can be subjective, small details can make a big difference. Something as simple as a photograph showing skid marks or weather conditions can help shift the balance of fault in your favor.
Comparative Negligence Beyond Car Accidents
While comparative negligence most often comes up in traffic collisions, Delaware applies the same principle to other types of personal injury cases, including: Slip and fall accidents (If you slipped on a wet floor in a grocery store but were distracted by your phone, a jury might assign partial fault to you), workplace accidents involving third parties (for example, if you were injured by a subcontractor’s negligence but failed to follow safety procedures), and bicycle accidents (If a cyclist ignores traffic signals and a driver was speeding, both may share fault).
In every situation, your right to recover depends on whether your share of responsibility stays at or below 50%.
How Comparative Negligence Impacts Compensation
Under Delaware’s modified comparative negligence rule, your total compensation is reduced in proportion to your degree of fault. This applies to all forms of damages, including: medical expenses (hospital bills, rehabilitation, surgeries, or future treatment), lost income (wages missed during recovery and any reduced earning capacity), pain and suffering (emotional distress, loss of enjoyment of life, or chronic pain), and property damage (vehicle repairs or replacement costs).
For example, if your damages total but you’re found at fault, you’ll receive instead of the full amount.
It’s important to note that insurance companies often overestimate your fault to reduce payouts. An experienced Delaware personal injury attorney can challenge these assessments and present a clearer picture of how the accident truly occurred.
What to Do If You Think You Were Partly at Fault
Feeling partially to blame for an accident doesn’t mean you should give up on seeking compensation. Fault is rarely as clear as it seems in the moment, and early assumptions can be misleading.
After an accident in Delaware:
- Do not admit fault. Even casual apologies can be used against you later.
- Gather evidence. Take photos, collect witness contact information, and get a copy of the police report.
- Seek medical care immediately. Documentation of your injuries is key to linking them to the accident.
- Contact a personal injury lawyer. A skilled attorney can investigate the incident, negotiate with insurers, and ensure that your share of fault is assessed fairly.
Protect Your Rights Under Delaware’s Shared Fault Laws: Call Edelstein Martin & Nelson
Delaware’s comparative negligence system allows injured people to recover compensation even when they make mistakes, but it also gives insurance companies an incentive to assign blame unfairly. That’s why it’s crucial to have a legal team that understands how to navigate these complex rules and counter insurance tactics designed to reduce your payout.
At Edelstein Martin & Nelson, our Delaware personal injury lawyers have decades of experience handling shared-fault cases. We know how to challenge unfair fault percentages, build strong evidence, and fight for the maximum compensation our clients deserve.
If you were hurt in a car crash, pedestrian accident, or slip and fall in Delaware and believe you may be partly responsible, don’t assume you’re out of options. The law still protects your right to pursue justice and recovery.
Call Edelstein Martin & Nelson today at (302) 504-4815 for a free consultation. Let us review your case, explain your options under Delaware’s comparative negligence rule, and help you move forward with confidence. Even if you share fault, you still deserve fair treatment, and we’re here to make sure you get it.