Nobody expects to be involved in a car accident in Delaware, yet motor vehicle collisions happen more often than you might think. When a crash does occur that results in serious or life-threatening injuries, it is critical to determine liability and to seek compensation from the responsible party. Who is liable for a car accident in Delaware? Liability can vary, but our Delaware car accident lawyers can discuss some of the most frequently responsible parties.
Negligent motorists are liable most often for motor vehicle accidents in Delaware. Driver negligence can involve many different types of careless or reckless behaviors, such as distracted driving, intoxicated driving, aggressive driving, or drowsy driving. Motorists owe a duty of care to others on the road. When drivers fail to act reasonably behind the wheel, they can be held responsible for damages resulting from a car accident they cause.
Owner of a Motor Vehicle Due to Negligent Maintenance
Sometimes the owner of a motor vehicle lends their car to another driver. When this happens, the owner of that motor vehicle may be liable for injuries that occur in a collision. How can the owner of a motor vehicle be responsible for harm caused by another driver? There are a few different scenarios in which the vehicle owner can be liable, but often it is due to the owner’s failure to properly maintain the vehicle.
Employer of the Negligent Driver
If a driver causes a collision while they are working, the employer of the negligent driver may be liable for harm according to the legal theory of respondeat superior. As long as the driver was working at the time of the collision, the employer may be responsible for paying damages.
Local Government for Negligence
While government entities in Delaware generally are immune from lawsuits under Delaware law, there are important exceptions to consider. Specifically, Delaware law states that governmental entities can be “exposed to liability for negligent acts or omissions causing property damage, bodily injury or death” in a variety of circumstances, including construction and maintenance of certain public areas where an injury might occur, or in the negligent maintenance of government motor vehicles that may be involved in a crash. If a government employee was driving a vehicle that caused your car accident injuries, or if you were injured on public property, you should seek advice from a Delaware personal injury lawyer about filing a claim against a government entity.
Designer or Manufacturer of Defective Vehicle
Sometimes car accidents result from motor vehicle defects, such as defective brakes or other components necessary to safe operation on Delaware roads. When defects cause car crashes and injuries in Delaware, it will be important to determine whether a designer, manufacturer, or another party may be liable.
Contact a Delaware Car Accident Attorney for Assistance
If you were injured in a car crash in Delaware, or if you lost a loved one in a Delaware motor vehicle collision, you should seek advice from our Delaware car accident attorneys about filing a personal injury claim or a wrongful death lawsuit. We can evaluate your case for you today and help you to determine who may be liable for your injuries. Contact Freibott Law online or give us a call at our office in Wilmington: (302) 633-9000.