Pedestrian Accidents

How Pedestrian Accidents Happen in Delaware

Pedestrian accidents are almost always preventable. Most result from drivers who disregard basic safety rules. Common causes include:

Driver Distraction

Texting, using GPS, adjusting the radio, and talking on the phone are leading causes of pedestrian collisions.

Speeding

Higher speeds reduce a driver’s reaction time and significantly increase the severity of injuries.

Failure to Yield

Delaware law requires drivers to yield to pedestrians in crosswalks and at designated crossing areas. Many collisions occur when drivers ignore these rules.

Drunk or Drug-Impaired Driving

Alcohol and drugs impair judgment, slow reaction times, and contribute to many nighttime pedestrian crashes.

Running Red Lights or Stop Signs

Intersections are some of the most dangerous locations for pedestrians, especially when drivers drive aggressively or ignore signals.

Backing-Up Accidents

Drivers often hit pedestrians in parking lots or driveways due to poor visibility or inattention.

Regardless of how the collision occurred, our team investigates the crash and identifies who is responsible.

Common Injuries in Pedestrian Accidents

Because pedestrians are unprotected, their injuries are often severe. Our attorneys represent clients suffering from:

• Traumatic brain injuries (TBI) and concussions
• Spinal cord damage and paralysis
• Broken bones and fractures
• Internal organ injuries
• Crush injuries
• Road rash and lacerations
• Pelvic injuries
• Severe soft-tissue trauma
• Amputations
• Wrongful death

These injuries frequently require surgery, months of physical therapy, rehabilitation, or lifelong medical care — making experienced legal representation essential.

After being hit by a vehicle, victims often feel overwhelmed and unsure of what to do next. Taking the following steps can help protect your health and your legal rights:

1. Seek immediate medical care, even if you feel okay — many injuries appear later.
2. Call the police and make sure a detailed accident report is filed.
3. Get the driver’s information, including license and insurance details.
4. Gather witness names and contact information, if possible.
5. Take photos of the scene, vehicle damage, injuries, and surroundings.
6. Do not speak to the driver’s insurance company before consulting an attorney.

Our team can take over communication with insurers to ensure your rights are protected from day one.

Who Is Liable for a Pedestrian Accident?

Liability typically falls on the driver who caused the collision, but other parties may also share responsibility. Depending on the circumstances, the following may be liable:

1. Negligent Drivers

Most pedestrian collisions are caused by careless drivers who fail to yield, speed, or drive distracted.

2. Employers of Commercial Drivers

If the driver was working at the time (delivery driver, contractor, rideshare, etc.), the employer may also be responsible.

3. Rideshare Companies (If Applicable)

Uber and Lyft accidents may involve multiple insurance policies.

4. Property Owners or Municipalities

Poorly designed intersections, missing signage, or inadequate lighting may contribute to the crash.

5. Vehicle Manufacturers

Brake failure and other mechanical defects can cause crashes leading to pedestrian injuries.

We examine every angle to make sure all responsible parties are held accountable.

Compensation Available for Pedestrian Accident Victims

If you were injured as a pedestrian, you may be eligible for substantial financial compensation. Our Delaware attorneys pursue damages such as:

Economic Damages

• Medical bills
• Future medical expenses
• Rehabilitation and therapy
• Lost wages
• Reduced earning capacity

Non-Economic Damages

• Pain and suffering
• Emotional trauma
• Loss of enjoyment of life
• Permanent disability
• Scarring or disfigurement

Wrongful Death Damages

For families who lost a loved one in a pedestrian crash, compensation may include funeral costs, loss of income, loss of companionship, and emotional suffering.

We work with medical experts, economists, and accident reconstruction specialists to ensure your claim reflects the full extent of your losses.

Delaware Laws That Affect Pedestrian Accident Claims

Understanding state laws is crucial for building a strong case. Key rules include:

Right-of-Way Laws

Delaware requires drivers to yield to pedestrians in marked crosswalks and intersections.

Modified Comparative Negligence

You can still recover compensation as long as you were 50% or less at fault.

Two-Year Statute of Limitations

Most injury lawsuits must be filed within two years of the accident.

PIP Coverage

Delaware’s PIP insurance may provide benefits even if you were a pedestrian, depending on the circumstances.

Our attorneys explain how these laws apply to your case and what steps to take next.

How Our Delaware Pedestrian Accident Lawyers Help

When you hire Schuster Jachetti LLP, we handle every aspect of your case, including:

• Conducting a detailed investigation
• Collecting police reports and witness statements
• Securing video footage and physical evidence
• Working with medical experts to document your injuries
• Negotiating with insurance companies
• Filing lawsuits when necessary
• Fighting for the maximum compensation you deserve

We work tirelessly so you can focus on healing.

Speak With a Delaware Pedestrian Accident Lawyer Today

If you or a loved one was struck by a vehicle, you do not have to navigate the legal system alone. At Schuster Jachetti LLP, our Delaware pedestrian accident lawyers, including Kenneth R. Schuster, Esq., are dedicated to protecting the rights of injured pedestrians and helping families rebuild after a devastating crash.

Contact us today for a free consultation. Let us fight for the justice and compensation you deserve.