Highway crashes on Delaware’s busiest corridors produce some of the most catastrophic injuries seen in motor vehicle litigation. The combination of high speeds, dense traffic, frequent merges, and 18-wheelers traveling alongside passenger vehicles makes I-95, Route 1, US 13, and US 113 particularly hazardous. If you were hurt in a Delaware highway crash, you may be entitled to seek compensation for medical bills, lost wages, and pain and suffering.
Joseph M. Jachetti, licensed in Delaware since December 1998 (Delaware Bar #003744), has experience handling high-speed crash cases. His 10-year prior career as an insurance claims adjuster informs how he investigates multi-vehicle pile-ups, commercial truck involvement, and roadway design issues.
How Highway Crashes Happen in Delaware
I-95 carries roughly 100,000 vehicles per day through northern Delaware between the Pennsylvania and Maryland borders, including heavy commercial truck traffic. Route 1 (Korean War Veterans Memorial Highway) serves as the main north-south spine connecting Wilmington to the Delaware beaches, with high seasonal traffic volume. US 13 and US 113 are major commercial corridors through Kent and Sussex Counties. Common crash factors include speeding, distracted driving, drowsy commercial drivers, sudden stops, weather (fog along Route 9 and the Delaware Bay shoreline), and construction zone hazards.
Common Injuries
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Multiple fractures and crush injuries
- Internal organ damage
- Severe burns from post-crash fires
- Amputations
- Wrongful death
Who May Be Liable
Defendants in highway crashes may include other motorists, commercial truck drivers and their employers, vehicle manufacturers for defects, tire and component makers, construction contractors operating in work zones, and government entities responsible for road design or signage. Multi-defendant cases require careful coordination of discovery and damages allocation.
How Delaware Law Applies
The general personal injury statute of limitations is two years under 10 Del. C. section 8119. Delaware applies modified comparative negligence under 10 Del. C. section 8132, allowing recovery if the injured party is 50 percent or less at fault. Delaware PIP (21 Del. C. section 2118) provides $15,000 per person / $30,000 per accident in no-fault medical and lost-wage coverage.
For commercial truck cases, Federal Motor Carrier Safety Regulations (49 C.F.R. Parts 350-399) govern driver qualifications, hours-of-service, vehicle inspections, and drug and alcohol testing. Roadway design or maintenance claims against the Delaware Department of Transportation trigger the State Tort Claims Act (10 Del. C. sections 4001-4005).
Damages You May Be Able to Pursue
- Past and future medical expenses
- Lost wages and diminished future earning capacity
- Pain and suffering
- Rehabilitation and long-term care costs
- Home and vehicle modifications
- Loss of consortium
- Wrongful death damages
How Insurance Companies Handle These Claims
Joseph Jachetti’s 10-year background as an insurance claims adjuster shapes how he approaches highway crash claims. Commercial truck insurers typically dispatch rapid-response teams to crash scenes within hours, take recorded statements, and begin building defenses immediately. Personal auto insurers may push quick PIP exhaustion settlements before injured parties understand the long-term medical picture. Multi-vehicle pile-ups produce disputes about which driver caused which damages.
Steps to Take After a Highway Crash
- Call 911 and request medical and police response.
- If safe, move vehicles out of travel lanes.
- Photograph all vehicles, debris field, skid marks, and roadway conditions.
- Get contact information for all drivers, passengers, and witnesses.
- Note any commercial truck DOT numbers and company names.
- Seek medical evaluation, even if injuries seem minor.
- Decline recorded statements with insurance representatives.
- Contact Schuster Jachetti LLP for a free consultation.
Frequently Asked Questions
What makes I-95 crashes different?
Higher speeds (65 mph posted), heavy commercial truck traffic, and dense volume make crashes more severe and often involve multiple vehicles.
Can I sue DelDOT for road design?
Claims against state agencies are subject to the Delaware State Tort Claims Act and have specific procedural requirements.
What if a tractor-trailer caused the crash?
Commercial truck cases involve federal regulations, electronic logging device data, and corporate insurance policies that differ significantly from passenger vehicle claims.
Does PIP cover everyone in the car?
Delaware PIP under 21 Del. C. section 2118 generally covers the named insured, household residents, and authorized passengers in the insured vehicle.
What if multiple drivers were at fault?
Delaware applies modified comparative negligence, and joint and several liability may make multiple defendants responsible for damages.
Schuster Jachetti LLP Serves Delaware Clients Statewide
Wilmington (302) 966-8684, Smyrna (302) 775-0728, Georgetown (302) 877-9524, Lewes (302) 527-9513. Sitewide: (302) 984-1000.
Talk to a Delaware Highway Accident Lawyer Today
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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.