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Delaware Truck Accident Settlement Calculator

Rules cited to Delaware’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Del. Code tit. 10, § 8132
Filing deadline2 yearsFrom the crash date, for injury claims.Del. Code tit. 10, § 8119
Minimum insurance25/50/10Per person, per crash, property. Delaware is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Your numbers

Example figures shown. Replace them with yours.
How serious is the injury?

Surgery, permanent impairment or long-term care.

10%
Does the injury meet the no-fault threshold to sue?
Attorney fee for the take-home figure
Your estimateDelaware · Truck accident
Your estimate…
The math
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This calculator estimates what a truck accident injury claim could be worth under Delaware law. It applies Delaware’s 51% bar rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.

Move the fault slider to 51% and the estimate drops to $0, which is what Delaware’s rule does in court.

Delaware rules behind this estimate

Fault. Delaware uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up.

Deadline. You have two years from the crash to file a lawsuit in Delaware. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.

Insurance. Delaware is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $25,000 per injured person, $50,000 per crash and $10,000 for property damage, written 25/50/10. Delaware also requires $15,000/$30,000 of personal injury protection (PIP), but it is not a no-fault state.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Delaware truck accident questions

How much insurance do trucking companies carry?

Interstate trucks hauling general freight must carry at least $750,000 of liability coverage under federal rules, oil haulers $1 million and most hazardous materials $5 million. Many carriers buy more. Trucks that stay inside one state can follow lower state limits.

Can I still claim if I was partly at fault in Delaware?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

How long do I have to file a truck accident claim in Delaware?

two years from the crash to file a lawsuit. Report the claim to the insurers within days.

Is Delaware a no-fault state?

No. Delaware is an at-fault state, so you claim against the at-fault driver’s liability insurance, or your own coverage if theirs is too low.

Does Delaware cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.