Delaware Truck Accident Laws
Delaware gives truck accident victims 2 years to file a personal injury claim, applies a modified comparative negligence (51% bar) standard to determine how fault affects compensation, and no cap on compensatory damages.
Statute of limitations
Delaware law generally requires a personal injury lawsuit to be filed within 2 years of the accident. Missing this deadline typically bars recovery entirely, regardless of how strong the underlying case is.
Comparative and contributory negligence
Delaware follows a modified comparative negligence (51% bar) rule. Under this rule, you can recover damages as long as you were 50% or less at fault; being found 51% or more at fault bars recovery entirely.
Damages
No cap on compensatory damages.
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Frequently Asked Questions
What is the deadline to file a truck accident lawsuit in Delaware?+
Generally 2 years from the date of the accident.
Can I still recover damages if I was partly at fault in Delaware?+
Delaware applies a modified comparative negligence (51% bar) rule, which determines whether and how your fault percentage affects your compensation.