Pedestrian Accident Claims in Delaware

Pedestrian right of way: where signals are not in place or not working, or a vehicle is turning at an intersection, drivers must yield (slowing or stopping) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped for a pedestrian at a crosswalk. Pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing outside a marked or unmarked crosswalk must yield to all vehicles, may cross between adjacent signal-controlled intersections only in a marked crosswalk, and may not cross diagonally unless signals allow it. Every driver must use due care to avoid hitting pedestrians.

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.