Car crashes are a tragic event that can happen due to distraction, intoxication, faulty parts, and many other factors. Unfortunately, vehicle wrecks happen often and can cause devastating losses for the people involved. If you have been injured in a car collision, a dedicated personal injury attorney can help you navigate the legal process and secure the compensation you deserve.
A serious car collision can raise two separate insurance questions almost immediately: which benefits pay first, and who is legally responsible for the harm? A Bear car accident lawyer from our firm can separate those issues and protect your claim while medical treatment and insurance communications are still developing.
For more information about your potential compensation, get in touch with our team to discuss your case. The team at Doroshow Pasquale Krawitz & Bhaya can help you craft your claim and pursue damages. Our attorneys can also examine how state traffic rules apply to the facts, rather than relying only on a police report or an insurer’s first assessment.
Pursuing a Civil Suit After a Car Wreck
The losses drivers face after a vehicle collision could be recovered if someone else is at fault for the wreck. Recovery is possible whether the party in question is injured or even if the damage to their vehicle is minimal. A skilled attorney in Bear can help someone start their civil claim for compensation following a car wreck. Any plaintiff who was in a car wreck has the opportunity to pursue compensation based on their economic and non-economic losses. These expenses can include a person’s medical bills as well as any compensation they deserve for the emotional distress their crash caused. We have helped clients with cases involving a variety of crash types, including:
- Front-end wrecks
- Rear-end collisions
- Failures to yield
- Highway accidents
- Side-impact crashes
- Distracted driving, including cellphone use
- Drunk driving
Vehicle crash claims need to contain several key pieces of information before an attorney can submit them to a court. This information, from the name of the person responsible for the damages to the extent of those damages, is necessary to know before a case is filed. Claims also highlight the injured party’s position and the severity of the case in question.
What Are State PIP Benefits After a Collision?
The state requires qualifying motor vehicle insurance to include personal injury protection (PIP) benefits under 21 Delaware Code § 2118. PIP can cover reasonable and necessary medical expenses and net lost earnings within the statutory framework, without requiring you to prove that another driver caused the collision. The no-fault payment structure addresses certain losses while the liability dispute proceeds.
However, PIP does not replace your claim against the driver who caused the wreck. The two processes address different aspects of the loss and can operate at the same time. Our car crash lawyers in Bear can identify which expenses belong in the PIP claim and which damages we should pursue through the liability case, while keeping the submissions consistent across both insurance files.
Statute of Limitations for Car Crashes
All parties interested in filing a civil suit have a limited amount of time to do so. According to 10 Del. Code § 8119, individuals have two years from the day of the accident to accept compensation for their losses or file a lawsuit. If someone does not file the appropriate paperwork within this set period of time, they forfeit their right to pursue compensation. Doroshow Pasquale Krawitz & Bhaya can help someone collect the information and paperwork they need to ensure they get maximum compensation.
Liability in Vehicle Collision Claims
Delaware is a no-fault state, which means if two or more drivers get into an accident on the road, all parties are responsible for their own financial losses. A Bear attorney can assess the car crash scene and help someone determine who may be liable for their damages. While drivers are often held responsible for someone’s losses in court, there are other parties that a lawyer can include in a civil suit. For example, if a car failed at the time of the crash, that car’s manufacturer may be held liable, or the last person to repair the vehicle may be at fault.
State Traffic Rules as Fault Evidence
Fault analysis starts with what each driver did before impact. Under 21 Del. Code § 4123, drivers must leave enough room to stop safely, with the required distance based on how fast traffic is moving and the condition of the road at the time. The following-distance rule matters in a rear-end collision because it provides a legal standard for measuring the following driver’s conduct.
Other collision patterns involve right-of-way duties. 21 Del. Code. § 4132 requires a driver turning left to yield to oncoming traffic that is close enough to present an immediate hazard. A citation does not by itself resolve civil liability. Our attorneys can use the governing traffic rules, along with witness accounts and physical evidence, to develop a fault argument grounded in what actually happened.
Early Insurer Communications and Recorded Statements
An adjuster may call before the full extent of your injury is clear. The questions may sound routine, but your answers become part of the claim file. Someone may later compare a recorded statement you gave while your symptoms were still changing with your medical records or a later description of the crash, creating disputes over wording that seemed unimportant during the first call.
You should not treat early insurer contact as a casual conversation. Before providing a recorded statement to another driver’s carrier, it is reasonable to understand who is asking the questions and how they may use your statement. Our Bear legal team can route communications through the office and respond to insurer requests, which helps keep the factual presentation accurate as your auto wreck claim develops.
Contact Our Bear Attorneys After a Car Crash
One car wreck can change your life. Whether you suffer from financial, physical, or emotional trauma, a caring legal team can help. The first weeks after a crash can influence both insurance payments and the evidence a court uses to establish responsibility. Working with a Bear car accident lawyer gives you a coordinated way to address PIP benefits and liability evidence together without treating them as separate parts of the case. Reach out to Doroshow Pasquale Krawitz & Bhaya to discuss your case and what legal action can help you get your life back on track.