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Delaware Car Accident Laws: What You Need to Know

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Delaware Car Accident Laws: What You Need to Know

Delaware Car Accident Laws: What You Need to Know

Not everyone realizes the legal responsibilities involved with a car accident in Delaware and the legal consequences of ignoring them. Being aware of your legal responsibilities and options after a car accident may help you better navigate the aftermath. As a result, you may face fewer legal difficulties and greater access to compensation for damages you suffered from the accident. Reach out to a Wilmington accident attorney to learn more.


Delaware car accident laws detail important duties to be taken after a car accident. Not following some of these laws could lead to legal penalties like:

  • A minimum fine of $230Delaware Car Accident Laws: What You Need to Know
  • A maximum fine of $1,150
  • Prison time lasts from 60 days to 6 months
  • Driver’s license revocation

These penalties increase when a driver who was part of the collision ignores these duties, and the other driver was injured or killed. Fines can go up to $3,000, and prison time can last up to 2 years. A driver’s license can be taken away for up to 2 years for these types of violations.

At this point, you might be wondering what these duties are so you can avoid facing these penalties yourself.

The first duty is to stop your vehicle after being involved in or causing a collision with another vehicle. Delaware laws instruct drivers to move their vehicles as far away from oncoming traffic as possible to prevent traffic obstruction.

After this, Delaware laws instruct drivers to assess the situation to see whether the other driver, passengers, or anyone else was injured or killed. If someone is injured or killed, drivers are told to either provide reasonable assistance or transport them to a medical care facility. This duty can be satisfied simply by calling 911 for paramedics.

The car accident must be reported to local police if someone was injured or killed, if public property damages of $2,000 or more occurred, or if drugged driving was involved. Drugged driving means a driver appeared to have been under the influence of alcohol or drugs during the accident.


Filing a car accident claim in Delaware could open up the opportunity for significant compensation. This process involves working under comparative negligence laws to prove the percentage of fault for the accident. Each driver is assigned a percentage of fault.

This percentage of fault determines how much compensation each driver could have access to. Compensation can be used to cover damages like medical costs, vehicle repairs, property damages, and lost wages. Proving negligence for the accident is what will help you control this percentage of fault.

Consider contacting a Wilmington car accident lawyer to find out more about how this process works. A lawyer might be able to help you maximize your compensation.


Going through the process of filing a car accident claim can be daunting. Start by calling Edelstein Martin & Nelson today at (302) 504-4815 to talk to a Delaware car accident lawyer for a free consultation about your accident claim. Our legal team can help you obtain compensation for medical expenses, pain and suffering, and lost wages. We can be found in Wilmington, DE.

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