In Delaware Car Accidents, Fault May Not Lie with the Driver Alone
Oftentimes, when a car accident occurs, fault is immediately assumed to be with the driver or drivers involved in the crash. In most cases, the at-fault party is one or both of the drivers—but not always. The legal team at Silverman, McDonald, & Friedman, has experience in determining liability and seeking compensation for victims of Delaware vehicle accidents. We proudly serve clients in and around Seaford, Wilmington, and Newark.
Parties that may be at fault
To determine liability, it is important to review which parties may potentially be at fault for causing or worsening the accident. These can include:
- Employers. Under vicarious liability, the employer whose worker commits an act of negligence while performing job duties may be held liable for a vehicle accident. When two parties have a working partnership with one another, the law can hold one party liable for the misconduct of another. Employers may use driver safety programs to educate employees on road safety and to lessen the likelihood of vehicular accidents.
- Owner of vehicle. If the driver did not own the vehicle he/she was operating when the accident occurred, the owner of the vehicle may be held liable for granting the other driver permission to use the vehicle. The owner may also be sued in circumstances for allowing an intoxicated, impaired, or unlicensed driver to operate their vehicle. Negligent entrustment is committed by the vehicle’s owner in accidents that involve intoxicated, inexperienced, unlicensed/underaged, ill, and elderly drivers. They are also responsible in cases that involve a driver with a history of reckless driving.
- State, local, or federal government. Public entities are responsible for the design, maintenance, and upkeep of most roadways. If an accident occurred, or was exacerbated, because of improperly designed or poorly maintained roadways, the responsible government entity can be held liable.
- Vehicle manufacturers/distributors. If a vehicle defect led to the accident, or injuries resulted because vehicle safety equipment did not function properly, the dealership that sold the faulty car, the vehicle or parts manufacturer, and other parties involved in the design, creation, and sale of the vehicle may also be liable for your injuries.
Because Delaware is a modified comparative fault state, it is important to discuss your case with an attorney. If you are found to be less than 51 percent at fault for the accident, you can receive compensation for injuries and personal damages. Silverman, McDonald, & Friedman’s experienced car accident lawyers in Wilmington, Newark and Seaford fight for the compensation you deserve to address your injuries, pain, and suffering. Please contact us by calling 302-888-2900 or filling out our contact form to schedule a free consultation with an attorney today.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.