Delaware Complaint regarding Auto Accident (Guest passenger vs both drivers)

State:
Multi-State
Control #:
US-PI-0304
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.

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FAQ

In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.

The driver whose negligence caused a car accident is responsible for compensating all injured parties. However, a driver is responsible for his passengers after an accident only if his negligence caused the accident. In either case, if you suffered injuries as a passenger, we could help you seek compensation.

Delaware reporting requirements Delaware Code Title 21 § 4203 requires that a driver must immediately report the crash to police when: The collision resulted in injury or death; The collision results in property damage of $500 or more; or. An involved driver appears to be impaired as a result of alcohol or drugs.

Delaware has a form of no-fault automobile insurance called Personal Injury Protection or ?PIP?, which pays for your medical bills and lost wages, but not for your pain and suffering. Delaware no-fault law allows you to sue the person who caused the car accident and your injuries for pain and suffering.

Cognitive distraction. Even a single passenger can take your attention off the road if you're engaged in an intense discussion with them. Conversations require mental focus and, when they're happening in a car, your focus is stolen from the task of driving.

An accident must be reported if: It resulted in the injury or death of any person. The accident occurred on a public highway and resulted in property damage to an apparent extent of $500 or more. It involves a driver whose physical ability is impaired by the use of alcohol and/or drugs.

Delaware is a fault state, which means if you cause damage in an accident while you're uninsured, you'll have to pay for it out of pocket. Additionally, the state will again suspend your driver's license and registration for six months.

Statute of Limitations for Claims Against At-Fault, Negligent Drivers. Under Delaware law, individuals hurt in car accidents in this state have 2 years to file lawsuits against at-fault parties.

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Delaware Complaint regarding Auto Accident (Guest passenger vs both drivers)