Bicycle Accident Claims in Delaware

Bicycles: a person riding a bicycle has the same rights and duties as other drivers, generally rides in the right half of the road, and may ride no more than two abreast. A driver passing a bicycle must move completely into the left lane where there are two or more same-direction lanes; in a single lane wide enough to share, the driver must slow down and pass at a reasonable distance that is never less than 3 feet. Riders and passengers under 18 must wear an approved, fastened helmet, and parents can be fined $25 to $50. Riders on sidewalks must yield to pedestrians and give an audible signal before passing, and sidewalk riding is barred where signs prohibit it.

Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence.

Every registered vehicle must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for two or more people in one accident, and $10,000 for property damage (25/50/10). Delaware also requires personal injury protection (PIP) of at least $15,000 per person and $30,000 per accident for medical expenses, lost earnings and similar costs incurred within 2 years of the accident (funeral costs up to $5,000), plus $10,000 coverage for damage to property other than vehicles. PIP covers occupants of the insured vehicle and pedestrians it hits.

A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.