Pedestrians have nothing between them and a moving vehicle. When a driver fails to yield, fails to look, or fails to slow down, the consequences are almost always severe. Delaware pedestrian crashes happen on city sidewalks and crosswalks, in suburban shopping centers, on rural shoulders, and in the busy summer streets of the beach towns. The injuries are typically catastrophic, and the legal landscape is shaped by Delaware’s crosswalk laws, vehicle code, and comparative negligence rules.
Schuster Jachetti LLP represents pedestrians hurt by motor vehicles throughout Delaware. Joseph M. Jachetti has handled pedestrian injury cases for more than 25 years and worked a decade as an insurance claims adjuster before practicing law.
If you or a loved one has been hit as a pedestrian in Delaware, you may be entitled to seek compensation. The information below explains how these cases work.
How Pedestrian Accidents Happen in Delaware
- Drivers turning right or left across a crosswalk and failing to yield
- Drivers running red lights or stop signs
- Backing-up crashes in parking lots and driveways
- Drivers striking pedestrians on shoulders and roadside areas
- Crashes at high-volume corridors like Coastal Highway, Route 13, and Route 1
- Crashes near schools and bus stops
- Distracted and impaired drivers
Common Injuries in Pedestrian Accidents
- Traumatic brain injury (TBI)
- Spinal cord injury and paralysis (see our spinal cord injury page)
- Fractures, including pelvis, leg, and skull
- Internal injuries
- Crush injuries
- Road rash and severe abrasions
- Psychological injuries including PTSD
Who May Be Liable for Your Pedestrian Accident
- The driver who struck the pedestrian
- The driver’s employer if they were on the job
- A property owner in some sidewalk and parking-lot hazard cases (premises liability)
- A government entity in limited cases involving signal, sidewalk, or road defects
How Delaware Law Applies to Pedestrian Cases
- Crosswalk and right-of-way provisions: Delaware traffic law gives pedestrians the right of way in marked and many unmarked crosswalks. Drivers have duties to yield in those situations.
- Modified comparative negligence (10 Del. C. § 8132): Recovery barred only if the pedestrian was more than 50% at fault. Crossing outside a crosswalk does not automatically bar recovery.
- Statute of limitations (10 Del. C. § 8119): Two-year limit.
- UM/UIM: A pedestrian struck by an uninsured or underinsured driver may be able to access their own auto policy UM/UIM coverage.
- 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)
- Loss of consortium
- Punitive damages where supported
We never promise a specific dollar amount.
How Insurance Companies Handle Pedestrian Cases
Insurers in pedestrian cases often start by trying to assign fault to the pedestrian — arguing they were not in a crosswalk, that they entered traffic suddenly, or that they were on a phone. Joseph Jachetti’s adjuster background means he knows what carriers look for, what they document, and how they negotiate. We work to develop the facts thoroughly — through scene investigation, video evidence, witness interviews, and reconstruction where helpful — to keep the focus on the driver’s conduct.
Steps to Take After a Pedestrian Accident in Delaware
- Call 911 and accept medical evaluation
- Document the scene, the vehicle, and the road if you can
- Get witness contact information
- Report to your own auto insurance — UM/UIM may apply even though you were on foot
- Do not give a recorded statement to the driver’s insurer
- Save all medical and other records
- Do not sign any release
- Contact a Delaware personal injury attorney
See our full post-accident guide.
Frequently Asked Questions
I was not in a crosswalk — can I still recover?
Often yes. Delaware uses modified comparative negligence, and being outside a crosswalk does not automatically bar recovery — it factors into the fault analysis.
How long do I have to file a pedestrian 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.
The driver had no insurance — what now?
Your own auto policy’s UM coverage may apply.
How much does a Delaware pedestrian 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 pedestrian 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 pedestrians across the state.
Talk to a Delaware Pedestrian Accident Lawyer Today
If you have been hit by a vehicle while walking 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 Pedestrian 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.