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Distracted Driving Accidents in Delaware: Legal Consequences and Claims

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Distracted Driving Accidents in Delaware: Legal Consequences and Claims

Distracted Driving Accidents in Delaware: Legal Consequences and Claims

Distracted driving not only increases the chances of a car accident but may also lead to legal problems if an accident does happen. Finding out what these legal consequences are and how to handle the aftermath of a distracted driving accident can be helpful in knowing what to expect. You may not have to pay for the damages you suffered if the driver who hit was engaging in distracted driving. Ask a Wilmington car accident lawyer about your legal options for compensation.


The legal consequences of distracted driving in Delaware may involve fines of various levels. Not only do Delaware hands-free cell phone laws prohibit the use of a cell phone while driving but other devices as well. These other banned devices while driving include:

  • Smartphones
  • Laptops
  • Portable electronics
  • Tablets
  • Gaming devices

Delaware laws are specific about what drivers can and cannot do with electronic devices while driving. The only exception is allowing drivers to talk over the phone through a hands-free device. This might look like talking over speakerphone or through the vehicle itself for vehicles with phone connectivity.

Drivers are not allowed to text, read, or send messages while driving in Delaware. In other words, any hands-on use of an electronic device is prohibited while driving. The first time a driver is caught, an officer may give a $100 fine. Any subsequent times a driver is caught engaging in distracted driving can lead to fines between $200 to $300 maximum.


You might be wondering what steps you can take if you are hit by a distracted driver. This depends on how much evidence you have and whether you can prove the other driver was engaging in distracted driving. There are three types of distracted driving to look for:

  • Manual
  • Distracted Driving Accidents in Delaware: Legal Consequences and ClaimsVisual
  • Cognitive

Manual distractions take the driver’s hands off the wheel. A common example is texting while driving or reaching for something in the car. Visual distractions take the eyes off the road and may involve texting, reading, adjusting vehicle settings, or looking for something. Cognitive distractions take the mind off of driving and involve arguments, interacting with passengers, or talking on the phone.

The one driving distraction that involves all three of these types of distracted driving is texting while driving. This explains why texting is the most well-known form of distracted driving and the accidents that follow.

You could be eligible for compensation if you were hit by a distracted driver. Consider contacting a Wilmington accident lawyer to start filing your car accident claim today. A lawyer can help you strengthen your claim with evidence, documents, and witness statements.


Dealing with the aftermath of a car accident can be overwhelming but you may not have to do this alone. Call Edelstein Martin & Nelson by dialing (302) 504-4815 to speak with a Delaware accident attorney for a free consultation today. Our dedicated team of lawyers is ready to help you obtain compensation for lost income, pain and suffering, and medical bills. We serve clients in Wilmington, DE.

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