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Delaware Rear-End Collisions: Liability and Compensation

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Delaware Rear-End Collisions: Liability and Compensation

Delaware Rear-End Collisions: Liability and Compensation

Rear-end car accidents can come out of nowhere and be confusing to navigate. You could be eligible for significant compensation depending on different circumstances. Finding out what makes someone liable for a rear-end car accident and what legal steps you can take may help you obtain the compensation you need. Talk to a Wilmington accident attorney to find out more.


Determining car accident fault is crucial when you are in need of compensation after the accident. Proving fault is about identifying whether the other driver caused the accident through negligence. Car accident negligence can take many forms, including:

  • Reckless driving
    Delaware Rear-End Collisions: Liability and Compensation

    Auto accident involving two cars on a city street

  • Breaking traffic laws
  • Speeding
  • Tailgating
  • Distracted driving
  • Drugged driving

There are reasons why most rear-end car accidents are almost always the rear-end driver’s fault. The driver in front of accidents like these is hardly held liable because there are very limited circumstances in which this driver would be at fault. One of the few examples where the driver in front could be negligent is driving with faulty brake lights.

Brake lights that do not work could prevent drivers in the back from knowing when the driver in the front will stop. As a result, drivers in the back are not provided enough time in advance to come to a full stop. Rear-end collisions that result from faulty brake lights may result in the driver in the front being held liable for damages.

However, rear-end car accidents that involve negligent drivers in the back may hold those drivers liable. Drivers that hit other drivers from behind could be held liable if they were speeding, not paying attention, driving recklessly, or if they failed to repair their own faulty brakes. Driving under the influence of alcohol or drugs could also hold these drivers responsible.


You might be wondering what car accident compensation you could be eligible for after a rear-end collision. Compensatory damages include economic, non-economic, and punitive damages. Economic damages are any direct financial losses caused by a car accident like:

  • Lost wages
  • Car repair costs
  • Medical bills
  • Towing fees

Non-economic damages are non-financial losses caused by the accident, like emotional or psychological harm. Common examples include emotional distress, pain and suffering, and loss of enjoyment. Loss of consortium, inconvenience, and loss of companionship also fall under non-economic damages. Proving non-economic damages is harder than proving economic damages.

Punitive damages are extra compensation awarded in cases where the court aims to punish the negligent party for reckless actions. These only apply in severe cases of negligence. Consider contacting a Wilmington accident lawyer if you have questions about how to obtain compensation after a car accident.


Filing a car accident claim can be frustrating when you are denied compensation for your injuries. Feel free to contact Edelstein Martin & Nelson today at (302) 504-4815 to talk to a Delaware car accident lawyer for a free consultation. Our legal team might be able to help you obtain maximum compensation for medical expenses, pain and suffering, and lost wages. We are located in Wilmington, DE.

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