On May 11, 2023, the Delaware State Police (DSP), a fatal motorcycle crash that occurred last month is under a comprehensive investigation. Tragically, a 65-year-old motorcycle passenger was killed in a collision with an automobile. In this article, our Wilmington motorcycle accident lawyer explains what we know about this crash and highlights the safety risks that motorcyclists face.
Motorcycle Passenger Killed in Collision in Delaware
Delaware State Police are probing a catastrophic—and now fatal—motorcycle collision that happened near New Castle on April 20th, 2023. The motorcyclist and motorcycle passenger were immediately transported from the scene to a nearby hospital with serious injuries. Tragically, on May 8, the passenger succumbed to her injuries. Law enforcement officers believe that the crash happened after a Volkswagen Jetta attempted to make a U-turn across the lanes. In doing so, the rear of the Jetta clipped the motorcycle. Neither the driver nor the passenger of the Jetta was hurt in the crash. The deadly motorcycle accident is still under a comprehensive investigation.
Motorcyclists Face Heightened Safety Risks
Motorcyclists face heightened safety risks. The lack of physical protection compared to automobile users, visibility issues, and the precarious nature of two-wheel travel make riding a motorcycle inherently risky. High-speed impacts, accidents involving other vehicles, road hazards, and poor weather conditions further amplify these dangers. All motorists must take proper care around motorcyclists. Sadly, too many drivers fail to safely share the road with motorcyclists.
Negligent Drivers Must Be Held Accountable (An Overview of Motorcycle Accident Liability)
Motorcycle accidents can cause severe injuries—and a negligent driver may be to blame. In Delaware, holding the at-fault party accountable is of utmost importance. All serious motorcycle crashes should be thoroughly investigated. Here is an overview of motorcycle accident liability:
- Duty of Care: All motorists in Delaware have a legal duty to drive safely. A driver who breaches this duty, causing an accident, can be held liable.
- Evidence Gathering: Evidence like police reports, witness statements, and accident scene photos can help establish the negligent driver’s liability. An experienced Wilmington, DE, motorcycle accident lawyer can investigate your crash and help you gather evidence.
- Delaware’s Modified Comparative Fault Rule: Under this rule, as long as a motorcyclist is less than 51% at fault, they can claim damages. However, their compensation is reduced in proportion to their share of fault.
- Statute of Limitations: Victims have two years from the date of the accident to file a personal injury lawsuit in Delaware.
Contact Our Delaware Motorcycle Accident Attorney for a Free Consultation
At Freibott Law Firm, our Wilmington motorcycle accident lawyer is a passionate, justice-focused advocate for victims and families. With experience in handling catastrophic accident claims and wrongful death cases, we are here to protect your rights. Call our Wilmington law office at (302) 633-9000 or contact our firm online to set up your free consultation. We fight for the rights of motorcycle accident victims and their families throughout the State of Delaware.