Crashes involving commercial trucks are different from ordinary auto accidents in nearly every respect. The vehicles are larger, the injuries are more severe, the federal regulations are more complex, and the defendants — trucking companies and their insurers — are far more sophisticated. A serious truck crash case requires immediate investigation, preservation of electronic data, and a clear understanding of both Delaware law and federal motor carrier regulations.
Schuster Jachetti LLP represents Delawareans injured in commercial truck and tractor-trailer crashes statewide. Joseph M. Jachetti has handled commercial vehicle cases for more than 25 years and spent a decade as an insurance claims adjuster before practicing law. He understands how trucking insurers evaluate and defend these cases — including how rapid response teams from carriers and trucking companies arrive at the scene of a serious crash to begin building a defense.
If you or a loved one has been hurt in a truck crash in Delaware, you may be able to pursue compensation. The information below explains how these cases work.
How Truck Accidents Happen in Delaware
Delaware sits on a key freight corridor between New York, Philadelphia, and Baltimore. Heavy commercial truck traffic on I-95, I-495, Route 1, Route 13, and Route 9 means that truck crashes happen frequently — and that the conditions on those highways set the stage for many of them. Common scenarios include:
- Rear-end strikes on I-95 in stop-and-go traffic
- Underride crashes when a passenger vehicle ends up beneath a tractor-trailer
- Lane-change and merging crashes on multi-lane highways
- Jackknife crashes in rain or wet conditions
- Rollovers on ramps and curves
- Crashes at port-area access points and warehouse driveways
- Crashes involving fatigued or improperly licensed drivers
Common Injuries in Truck Accidents
- Traumatic brain injury (TBI)
- Spinal cord injury and paralysis (see our spinal cord injury page)
- Multiple fractures
- Internal injuries
- Crush injuries
- Burn injuries
- Amputations
- Psychological injuries including PTSD
Who May Be Liable for Your Truck Accident
- The truck driver
- The trucking company (motor carrier)
- The owner of the truck or trailer
- The shipper or broker in some cases
- A maintenance contractor
- A vehicle or component manufacturer (tires, brakes)
- A cargo loader, in cases involving improperly loaded freight
How Delaware Law and Federal Regulations Apply
- FMCSA regulations (49 CFR Part 390 et seq.): Federal Motor Carrier Safety Administration rules govern hours of service, driver qualification, drug and alcohol testing, vehicle maintenance, and inspection. Violations are evidence of negligence.
- Delaware vehicle code: State traffic laws apply alongside federal rules.
- Modified comparative negligence (10 Del. C. § 8132): Recovery is barred only if the injured party is more than 50% at fault.
- Statute of limitations (10 Del. C. § 8119): Two-year limit for most claims.
- Punitive damages: Available in cases involving reckless conduct, falsified logs, or willful regulatory violations.
Damages You May Be Able to Pursue
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering (see our pain and suffering guide)
- Property damage
- Loss of consortium
- Punitive damages where supported
We never promise a specific dollar amount.
How Insurance Companies Handle Truck Cases
Trucking insurers and motor carriers often dispatch rapid response teams to crash scenes — sometimes before the injured driver has even been transported. Their job is to start building a defense immediately. Joseph Jachetti’s adjuster background helps us see how those teams operate and how the case will be reserved and defended. We work to preserve the truck’s electronic control module data, driver logs, dashcam and forward-facing camera footage, dispatch records, and maintenance files before they are altered or lost.
Steps to Take After a Truck Accident in Delaware
- Call 911 and accept medical evaluation
- Photograph the scene, the truck, the trailer, DOT numbers, and license plates
- Get witness contact information
- Do not give a recorded statement to the trucking company’s insurer
- Save all medical and repair records
- Do not sign any release
- Contact a Delaware personal injury attorney quickly — preservation of evidence matters
See our full post-accident guide.
Frequently Asked Questions
How long do I have to file a truck accident claim in Delaware?
Generally two years from the date of the accident under 10 Del. C. § 8119. How Long Do I Have to File a Personal Injury Claim in Delaware.
What if I was partially at fault?
Delaware uses modified comparative negligence — you may still recover if you are 50% or less at fault, reduced by your percentage. Can I Still Sue if I Was Partially at Fault for an Accident in Delaware.
Can the trucking company be liable along with the driver?
Often yes — through respondeat superior, negligent hiring, negligent training, and negligent maintenance theories.
How much does a Delaware truck accident lawyer cost?
Schuster Jachetti LLP works on a contingency fee basis. How Does the Contingency Fee Work for Delaware Personal Injury Cases.
What is my truck accident case worth?
It depends on injuries, fault, regulatory violations, and available coverage. Read about how cases are valued.
Schuster Jachetti LLP Serves Delaware Clients Statewide
From our four Delaware offices — Wilmington ((302) 966-8684), Smyrna ((302) 775-0728), Georgetown ((302) 877-9524), and Lewes ((302) 527-9513) — we represent injured Delawareans across the state.
Talk to a Delaware Truck Accident Lawyer Today
If you have been hurt in a commercial truck crash in Delaware, call us at (302) 984-1000 for a free consultation. Joseph M. Jachetti, Delaware Bar #003744, has handled cases like yours for over 25 years.
Free Truck Accident Consultation
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.