Cyclists in Delaware have the same rights to the road as motor vehicles — and the same vulnerabilities that make any car-bike crash potentially catastrophic. From commuters in Wilmington and Newark to recreational riders on the back roads of Sussex County and the trails along Coastal Highway, cyclists across Delaware face risks every time they ride. A bicycle injury case requires careful work to overcome the bias some drivers, insurers, and even juries bring to cyclist claims.
Schuster Jachetti LLP represents cyclists hurt by motor vehicles throughout Delaware. Joseph M. Jachetti has handled bicycle injury cases for more than 25 years and brings a decade of prior insurance claims adjusting experience to the way these cases are evaluated and pursued.
If you have been hurt while riding your bike in Delaware, you may be able to pursue compensation. The information below explains how these cases work.
How Bicycle Accidents Happen in Delaware
Most bicycle crashes involve a motor vehicle and are caused by driver error. Common Delaware scenarios include:
- Drivers turning right across a cyclist in a bike lane or on the shoulder
- Drivers turning left across an oncoming cyclist’s path
- Doorings, where a parked driver opens a door into the cyclist’s path
- Rear-end strikes on roads with narrow shoulders
- Crashes at intersections on Route 1, Route 13, and Coastal Highway
- Crashes on bike-lane corridors in Wilmington and Newark
- Distracted and impaired drivers
Common Injuries in Bicycle Accidents
- Traumatic brain injury (TBI)
- Spinal cord injury and paralysis (see our spinal cord injury page)
- Fractures of the collarbone, arm, leg, ribs, and pelvis
- Road rash and severe abrasions
- Internal injuries
- Dental and facial injuries
- Psychological injuries including PTSD
Who May Be Liable for Your Bicycle Accident
- The driver who struck or caused the cyclist to fall
- The driver’s employer if they were on the job
- A government entity in limited cases involving road defects or unsafe bike infrastructure
- A bicycle component manufacturer in product liability cases
How Delaware Law Applies to Bicycle Cases
- Cyclists’ rights to the road: Delaware traffic law generally treats bicycles as vehicles, granting cyclists the same right to the roadway as motor vehicles, with corresponding duties.
- Modified comparative negligence (10 Del. C. § 8132): Recovery barred only if cyclist more than 50% at fault.
- Statute of limitations (10 Del. C. § 8119): Two-year limit.
- UM/UIM: A cyclist’s own auto policy UM/UIM coverage may apply even when the cyclist was not in a car.
- Punitive damages: Available in cases involving impaired or reckless driving.
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 to the bicycle and gear
- Loss of consortium
- Punitive damages where supported
We never promise a specific dollar amount.
How Insurance Companies Handle Bicycle Cases
Insurers often try to characterize cyclists as having ridden where they should not have ridden, or as having done something unexpected. They use that narrative to push contributory fault arguments and minimize claims. Joseph Jachetti’s adjuster background lets us anticipate these arguments. We work to develop the facts — including any video, witness statements, and reconstruction analysis — to make the case clear.
Steps to Take After a Bicycle Accident in Delaware
- Call 911 and accept medical evaluation
- Document the scene, your bike, the vehicle, and the road
- Preserve your bike, helmet, and gear — they are evidence
- Get witness contact information
- Report to your own auto insurance carrier — UM/UIM may apply
- Do not give a recorded statement to the driver’s insurer
- Save all medical and repair records
- Contact a Delaware personal injury attorney
See our full post-accident guide.
Frequently Asked Questions
Do I have the same rights as a car on Delaware roads?
Generally yes. Bicycles are treated as vehicles under Delaware traffic law, with both rights and responsibilities.
How long do I have to file a bicycle 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 not wearing a helmet?
Lack of a helmet does not bar recovery. Insurers sometimes try to use it for fault arguments — we push back.
How much does a Delaware bicycle 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 bicycle case worth?
It depends on injuries, fault, 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 Delaware cyclists across the state.
Talk to a Delaware Bicycle Accident Lawyer Today
If you have been hurt while riding 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 Bicycle 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.