The most common types of crashes in Elsmere are rear-end, side-impact, and head-on collisions. However, there are countless ways a wreck could occur, and each unique case will require a different strategy for proving fault by a negligent driver.
As such, it is important to get legal help when determining liability for Elsmere car crashes. At Doroshow, Pasquale, Krawitz, and Bhaya, our skilled attorneys are ready to investigate the circumstances of your collision and help build a strong case for your recovery.
Common Scenarios for Car Crashes in Elsmere
Rear-endings often occur at stoplights or stop signs when trailing drivers are not paying attention. Higher impact collisions can happen at yield ramps on and off highways, causing serious damage and potentially even multi-vehicle pileups.
Side-impact collisions tend to happen at intersections where drivers fail to yield or run red lights. These forms of negligence can result in T-bone crashes that cause serious injuries, especially to passengers on the side of impact.
Head-on collisions are perhaps the most severe type of wreck and often lead to fatalities. These typically happen on long stretches of road without barriers to prevent people from crossing into oncoming traffic, such as Route 1 and Route 13.
Proving Fault for Different Types of Traffic Crashes
Rear-end collisions tend to be the easiest to prove from a liability standpoint. Because one vehicle is sitting still and another strikes them, it is difficult to argue that the leading vehicle is at fault for a rear-ending. Insurance companies for trailing drivers may still try to contest liability, but our attorneys are experienced at establishing fault for rear-end collisions in Elsmere.
Proving Fault for a T-Bone Collision
On the other hand, liability for side-impact collisions can be more difficult to prove. These cases are often dependent on witnesses, especially when they occur at a stop sight or intersection. If there are no witnesses to the collision, the at-fault driver may try to claim that they had the right of way. These situations require help from a dedicated local attorney who could investigate the car wreck and prove the facts of the case.
Establishing Liability for Head-On Crashes
If one car crosses the median into oncoming traffic and causes a head-on collision, this is a clear form of negligence. However, insurance companies may still try to argue that the injured plaintiff should have been on the lookout for cars crossing over. Our Elsmere firm has a track record of success contesting these types of claims and establishing fault for head-on crashes.
Negligence Laws for Elsmere Car Wrecks
Delaware is a comparative negligence jurisdiction, meaning that an injured party can still recover damages even if they are partially liable for the car crash. However, their compensation will be reduced by their percentage of fault. If they are found more than 50 percent to blame, they will be barred from recovery.
Basically, the way that comparative negligence plays out in practice is that it impacts whether an attorney can move forward with a car collision case. If a defendant argues that the injured plaintiff is partially at fault for the traffic crash, a lawyer could help contest these allegations and maximize the available damages.
Examples of Partial Liability for an Auto Collision
A common example of partial liability involves speeding. Say a driver is speeding and someone else runs a stop sign and pulls out in front of them. In some states, the speeding driver would be completely barred from collecting damages because they were violating traffic laws. However, under comparative negligence laws in Delaware, the speeding driver could still pursue compensation even though they were partially to blame for the collision.
Contact an Elsmere Attorney to Help Determine Liability for Car Wrecks
If you were recently in a traffic crash, it is important to consult a lawyer with experience determining liability for Elsmere car crashes. The legal team at Doroshow, Pasquale, Krawitz, and Bhaya could explain the nuances of negligence laws in Delaware and discuss strategies for seeking the compensation you deserve. Give us a call today to get started.