Let’s say you were the passenger in a car that tried to beat a red light through an intersection in Wilmington, but a driver turning left across your lane tried the same thing and collided with the car you were riding in. Who is at fault for your injuries, and do you have a legal claim based on negligence? How do negligence cases work, and what laws does the First State have regarding who is responsible for your injuries? This is a brief summary of negligence laws in Delaware.

General Negligence Law

Negligence, as a legal matter, tries to determine whether a person has a duty of care to another, and whether he or she failed in fulfilling that duty. If so, he or she may be liable for any resulting injuries. Taking the above example, if Patty is driving you to work and she collides with Paul’s car turning left, she might be held liable for negligence. In Delaware, Paul may also be liable under a doctrine known as “contributory negligence.”

Therefore you could file a negligence claim against both Paul and Connie jointly, or one or the other separately. The concept of contributory negligence, however, could bar recovery in a negligence claim if the defendant was also responsible for his or her injuries. There are limits to contributory negligence. For instance, if you weren’t wearing your seatbelt in the above example, that likely wouldn’t count as contributory negligence under in Delaware.

Negligence Laws in Delaware

State negligence laws can vary depending on their particular civil justice system. Negligence laws in Delaware are highlighted in the chart below.