Imagine you’re driving down a Delaware highway when another vehicle crosses the center line at high speed. In an instant, you collide head-on. Both of you suffer serious injuries, and the collision destroys both vehicles.
As you recover, one pressing question haunts you: Who must pay these mounting costs? The answer depends largely on how Delaware law views excessive speed.
When speeding becomes reckless behavior
While speeding might seem like a simple traffic violation, the law treats extreme speeds much more seriously. When you drive 90 mph or faster, Delaware considers this a willful or wanton disregard for safety.
Consequently, this classification plays a significant role in determining who bears responsibility for a crash. To understand how this affects your claim, you first need to know how Delaware assigns fault.
Delaware’s 51% bar rule explained
Delaware follows what’s called a modified comparative negligence rule, specifically the 51% bar rule. Under this system, you can claim damages as long as you contributed 50% or less to the collision.
However, if investigators determine you contributed 51% or more, you receive nothing. For instance, if you texted or also exceeded the speed limit, your percentage of fault increases accordingly. Even if you contributed only 20%, your total compensation still decreases by that same 20%.
This brings us to an important question: What does this mean for your actual recovery?
How your fault percentage affects your recovery
Ultimately, your fault level directly determines your financial outcome. If you carry less fault than the other driver, you can pursue compensation for your injuries and damages.
On the other hand, if you carry more fault, you may end up paying out of pocket. Remarkably, the difference between 49% and 51% fault can completely change your case.
Given these complexities, you should consider consulting with a personal injury attorney. They can help you understand your liability and protect your rights to fair compensation.
