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Fault and compensation for Delaware car accidents

Whether you're commuting to work or school, or piling into the minivan for a family vacation, driving a car is a regular part of life for most Americans. We spend so much time in our cars that they now feature Wi-Fi, satellite radio and even TV screens. Sometimes, the more familiar something gets, the more likely we are to let down our guard.

In driving, a momentary lapse of attention can have serious consequences. Traffic deaths increased measurably in 2016, and studies show that most traffic accidents come from human error, not weather or malfunctioning machinery. Drivers need to be more careful on the road, and drivers who were following safe driving practices shouldn't have to suffer for the mistakes of others.

Delaware traffic fatalities

In a comprehensive study by The Auto Insurance Center, the leading cause of traffic fatalities in Delaware comes from "Not adjusting to road obstruction." This means drivers weren't prepared for adverse road conditions, either from inattention or by reckless behavior. The same study puts Delaware fifth in the country for per capita deaths caused by speeding, which backs up that observation.

Car accidents and determining fault

Anytime there is an accident, the police report should create a detailed description of the scene. While the report won't detail fault, it intends to paint a picture of what happened. It's important that you back up the report with own specific memories and details in case they are missing from the official report. If a driver was ticketed in the accident, it is telling. For example, a speeding driver or one who ran a stop sign is more likely to be at fault than a driver obeying the rules.

Insurance and personal claims

Your insurance company will use the police report and interviews with vehicle drivers to determine fault. However, insurance companies have their own interests in mind and often make minimal settlement offers that barely cover physical damages or injuries.

A key reason to consult a personal injury attorney is their expertise at recreating an accident scene and finding fault and liability. Through thorough investigation, an attorney can show the true cause of an accident and determine where payment should come from.

Further, they will fight for a complete compensation that includes more than repair and medical bills, but time lost, suffering and any longer-term concerns such as an impact on your career or, in worst case scenarios, a wrongful death claim.

Even the best drivers get into accidents from time to time. When that happens, it's important to have someone looking out for you and making sure that you don't pay for something that wasn't your fault.

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Michael C. Heyden Law Office
1201 North King Street, Suite B
Wilmington, DE 19801

Toll Free: 888-668-0590
Phone: 302-416-4695
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