On February 11th, 2023, the Delaware State Police announced an ongoing investigation of a tragic pedestrian fatality that occurred in New Castle County. The accident occurred in the area of Branmar Plaza in the northeast corner of Wilmington. Here, our Delaware pedestrian accident attorney explains what we know about the crash and highlights the dangers pedestrians face.
Report: Fatal Pedestrian Accident Occurred After Dark, Outside of Crosswalk
The Delaware State Police report that a pedestrian collision occurred in Wilmington on the evening of February 10, shortly after 9:00 PM. According to investigators, a Honda Accord was traveling in the southbound lane of Marsh Road near Branmar Plaza. At the same time, the pedestrian was crossing the road. Notably, law enforcement believes that the pedestrian was outside of a crosswalk and was not wearing or displaying flashing or reflective lights. The pedestrian, a 43-year-old man from Wilmington, was transported to the emergency with severe trauma. Tragically, he succumbed to his injuries soon after arriving. The fatal pedestrian crash is still under investigation.
Pedestrian Safety Remains a Serious Problem in Delaware
Our roads are not as safe for pedestrians as they should be. It is a nationwide problem. Federal transportation safety data show that 7,000 pedestrians were killed in the United States in 2020 alone. Of course, many thousands more pedestrians suffered severe, catastrophic, or permanent injuries in crashes. Alarmingly, Delaware is one of the very worst states for pedestrian safety. The Delaware Department of Safety and Homeland Security (DSHS) notes that our state has “one of the highest per-capita pedestrian fatality rates in the nation.” It is a consistent problem.
One of the main causes of pedestrian accidents in Delaware is distracted driving. Drivers who are texting, talking on the phone, or engaging in other distracting behaviors are less likely to notice pedestrians crossing the road or walking on the sidewalk, putting them at risk of being hit. Many other issues contribute to pedestrian collisions as well, including speeding, reckless driving, and intoxicated driving. Beyond that, not all pedestrians take proper precautions to watch out for their own safety and well-being.
Recovering Compensation Through a Pedestrian Accident Claim
In Delaware, motor vehicle accident claims, including pedestrian collisions, are subject to a fault-based standard of liability. A driver is not automatically liable for a pedestrian crash in Delaware. Instead, an injured pedestrian must prove that the defendant’s negligence contributed to the crash. Through a successful pedestrian accident claim, an injured pedestrian can seek financial compensation for economic and non-economic damages, including:
- Hospital bills;
- Medical expenses;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Disability; and
- Wrongful death.
Contact Our Wilmington, DE Pedestrian Accident Lawyer Today
At Freibott Law Firm, our Delaware pedestrian accident attorneys provide justice-driven legal advocacy. If you or your loved one was harmed in a pedestrian crash, we can help. Call us at (302) 633-9000 or contact us online to set up a free, no-obligation consultation. From our office in Wilmington, we represent pedestrian accident victims and their families throughout Delaware.