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Delaware Auto Accidents Involving Pedestrians: Rights and Legal Actions

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Delaware Auto Accidents Involving Pedestrians: Rights and Legal Actions

Delaware Auto Accidents Involving Pedestrians: Rights and Legal Actions

Pedestrian accidents can happen unexpectedly, leaving drivers and pedestrians unsure of what to do during the aftermath. Knowing your legal options and what legal actions you can take may make this process less stressful. Find out what steps you can take after a pedestrian accident to protect yourself from potential legal problems. Talk to a Wilmington accident attorney to learn more.


There are important pedestrian accident steps to take in the aftermath to protect yourself and others from harm. One of the most important steps is to move away from dangers like debris or oncoming traffic. Call 911 if you or anyone was injured in the accident.

If anyone was injured or passed away from the accident, call the police to file a police report. Document as many details in as many ways as possible. This looks like taking pictures, recording videos, and writing down details about the accident. Not documenting these details may lead to legal complications later on.

Be sure to take pictures of damages like injuries, vehicle damages, and property damages if needed. Exchange contact and insurance company information if possible. Never apologize or admit fault in any way. Even indirect admissions of fault can be used against you in court.


You might be wondering who can take legal action in a pedestrian accident. In rare cases, a driver might be able to take legal action against the pedestrian. However, in most cases, pedestrians are the ones who file claims against the driver who hit them.

A driver can file a claim against a pedestrian when the pedestrian engages in negligence. Common examples of pedestrian negligence include:

  • JaywalkingDelaware Auto Accidents Involving Pedestrians: Rights and Legal Actions
  • sing a crosswalk incorrectly
  • Walking against walk signals
  • Not using a crosswalk
  • Not yielding to traffic
  • Standing in the road

Pedestrians may file an accident claim against the driver when the driver engaged in any form of negligence. This can look like drivers who break traffic laws, speed, run lights or stop signs, or fail to yield to pedestrians. A failure to yield to a pedestrian usually involves running lights or ignoring signs that tell drivers to let pedestrians have the right of way.

If you suffered injuries from a pedestrian accident, then you might be eligible for compensation. Consider contacting a Wilmington pedestrian accident lawyer to find out more about how this process works. An experienced lawyer can help you file an accident claim to start the process of requesting compensation.

Depending on the damages you suffered, you may receive compensation for injuries, vehicle damages, property damages, pain and suffering, lost wages, or emotional distress. Consult with a lawyer to find out.


Knowing your legal options after a pedestrian accident can be confusing when dealing with a complex accident. Feel free to contact Edelstein Martin & Nelson today at (302) 504-4815 to talk to a Delaware pedestrian accident lawyer for a free consultation. Our legal team can help you obtain compensation for medical costs, pain and suffering, and lost income. We are located in Wilmington, DE.

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