Car crashes are stressful events. Unfortunately, the stress does not always end when you leave the scene. When you sustain an injury in a car wreck, the required medical care can be both disruptive and expensive. You may have to miss time from work, and you may have further expenses to repair the damage to your car. Additionally, you may have to deal with an insurance company or the other driver, that does not have your best interests at heart.

The first insurance company that you will need to deal with is your own automobile insurance carrier for PIP coverage to pay medical expenses and lost wages. Next, you may have to deal with is your health insurance company to cover medical bills that exceed your PIP coverage. You should not have to bear these things on your own. A Milford car accident lawyer can help you manage your case, handle the other parties involved, and seek fair compensation for your losses from the crash. Reach out to Doroshow, Pasquale, Krawitz, and Bhaya today to begin reviewing your options with a trusted personal injury attorney.

Determining Fault for a Car Crash

In addition, a  person injured in a car wreck can receive compensation from the other driver, or the other driver’s insurance company, for pain and suffering only if they can prove that the other driver was at fault for the wreck.

In Delaware, proving negligence requires the injured person to show that:

  • The other driver had a duty to act with a certain amount of care given the situation, usually to act as a reasonable person would in the same
  • That the other driver did not act with due care.
  • The injured person received some form of harm or damage
  • The other driver’s actions caused the injured person’s damages

Although this is a highly contextual inquiry that depends on the exact circumstances of the wreck, some common actions that could lead to a finding of negligence might include:

  • Speeding
  • Texting while driving
  • Failing to yield the right-of-way
  • Failing to check blind spots
  • Driving under the influence of drugs or alcohol

Proving negligence  can be a difficult undertaking, but a Milford attorney who has experience handling car crashes can help investigate the wreck and structure a strong legal argument.

Can an Injured Motorist Be at Fault for Their Wreck?

Sometimes, it can be difficult to establish who is at fault. In fact, it is possible for both drivers to bear some amount of blame.

To handle this situation, the Delaware legislature has enacted Delaware Code. Title 10 §8132. This law clarifies that, even if an injured person has some level of fault for the wreck that caused their injuries, they may still recover compensation from another driver who was also at fault if the percentage of fault assigned to them is equal to or less than 50%. Additionally, the amount of compensation awarded to the injured person will be reduced in proportion to the percentage of fault assigned to them.

An attorney who frequently handles car wrecks in Milford can help determine the effect this rule will have on a particular case, if any, and how to proceed.

Seek Assistance From a Milford Car Crash Attorney

The aftermath of a serious injury can be incredibly stressful and you deserve to focus your efforts on recovering, not worrying about how you will pay for your medical expenses or handling the legal processes. An attorney from Doroshow, Pasquale, Krawitz, and Bhaya can help you manage your case, deal with multiple insurance companies, investigate and analyze fault, and provide advice regarding the best way to proceed.

Call a Milford car accident lawyer to learn more about how we can help you after your injury.