Whether it happens at high speeds on an interstate or motionless at a red light, being rear-ended can be a traumatic experience. When you are involved in this type of wreck and are left with serious injuries, you likely have grounds to file a lawsuit against the person responsible for it to minimize the impact of your ensuing losses.

Rear-end car accidents in Newark could be deceptively tricky to pursue civil restitution for, especially if it is your first time dealing with civil litigation. Even if you have been involved in a civil claim, working closely with a skilled car collision attorney at Doroshow, Pasquale, Krawitz, and Bhaya can improve your chances of achieving a favorable case result.

Insurance Rules for Auto Wrecks

Delaware has laws that provide  elements from both a no-fault and fault approach for compensation from a rear end crash. to benefit people looking to recover from injuries. Owners of cars registered in Delaware are required to purchase at least minimum limits of coverage under the no-fault PIP portion of an insurance policy. This PIP coverage will pay the vehicles driver’s and passengers’ medical bills and lost wages up to the limits of coverage. These benefits are paid regardless of anyone’s fault.

In addition, one is required to purchase a minimum amount of liability coverage which protects anyone the driver of the vehicle injures in an accident. Other coverage can provide benefits for property damage.

So, in the scenario of a rea rend accident, the innocent injured driver or passengers can seek compensation for pain and suffering, and also for medical bills that exceed the amount of PIP coverage available to them from the liability coverage of the at fault driver. Initially, your lawyer will determine if it will be possible to settle the claim, but if not they can file suit on your behalf to help you obtain compensation you are entitled to receive.

Who Is Liable for a Rear-End Car Crash?

Recovering civil compensation from someone involved in a rear-end car wreck in Newark requires proving that the other person was legally negligent,  and that negligence  directly led to the wreck and the injuries.  Sometimes there can be more than one driver who is deemed to be partially at fault for a rea rend collision. It may be that a car rear ends another vehicle, pushing it into a car in front of those two cars. It is possible that both of the back two drivers bear some responsibility for any resulting injury.

In addition, even in a rea rend car accident, it is possible that the front car negligently slammed on its brakes or swerved into the path of the back vehicle. With this in mind, courts have standing under Delaware Code Title 10, § 8132 to assign a percentage of comparative fault to a plaintiff found partly to blame for their own injuries and then to reduce that individual’s damage award in proportion to their share of total fault or potentially bar them from recovery altogether.

Contact a Newark Attorney After a Rear-End Car Wreck

Holding someone else legally liable for a rear-end collision could be crucial to ensuring you recover not just physically from your wreck, but financially and psychologically, too. Without guidance from a qualified legal professional, you may have a difficult time navigating state civil law and getting the restitution you deserve.

Help from a skilled lawyer at Doroshow, Pasquale, Krawitz, and Bhaya is throughout the civil case process. Call our firm today to discuss your options following a rear-end car accident in Newark.