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Delaware 18-Wheeler Accident Lawyers: Attorney911 Delivers 25+ Years of Courtroom-Tested Trucking Litigation, Led by Managing Partner Ralph Manginello with Multi-Million Dollar Verdicts, Former Insurance Defense Attorney Lupe Peña Exposing Every Insurance Tactic, FMCSA 49 CFR 390-399 Masters Specializing in Hours of Service Violations, Black Box Data Extraction, Jackknife, Rollover, Underride, Brake Failure and All 18-Wheeler Crash Types, Catastrophic Injury Experts for TBI, Spinal Cord Damage, Amputation and Wrongful Death Claims, Federal Court Admitted with Delaware-Specific Jury Experience, $50+ Million Recovered for Families, Free 24/7 Consultation with No Fee Unless We Win, Same-Day Evidence Preservation, Hablamos Español, Three Office Accessibility, 4.9★ Google Rating with 251+ Reviews, Featured on ABC13 and Houston Chronicle, Trusted Since 1998 – Call 1-888-ATTY-911 for the Legal Emergency Team That Fights for Maximum Compensation

February 12, 2026 31 min read
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18-Wheeler Accidents in Delaware: Your Complete Legal Guide

When an 80,000-Pound Truck Changes Your Life in an Instant

The moment an 18-wheeler crashes into your vehicle on Delaware’s highways, your life changes forever. The massive size disparity between a commercial truck and your passenger vehicle means catastrophic injuries are likely. Traumatic brain injuries, spinal cord damage, amputations, and wrongful death are all too common in Delaware trucking accidents.

At Attorney911, we understand what you’re going through. Our Delaware trucking accident attorneys have been fighting for victims just like you for over 25 years. We know the Delaware courts, the trucking corridors, and how to hold negligent trucking companies accountable. If you or a loved one has been seriously injured in a Delaware 18-wheeler accident, call us immediately at 1-888-ATTY-911 for a free consultation.

Why Delaware’s Highways Are So Dangerous for Trucking Accidents

Delaware’s position along the I-95 corridor makes it a critical link in the Northeast’s freight network. The state’s highways see some of the highest truck traffic in the region, creating significant risks for passenger vehicles sharing the road.

Delaware’s Critical Trucking Corridors

Delaware’s primary trucking routes include:

  • I-95: The main artery running through Delaware from the Maryland border to the Pennsylvania line, carrying massive volumes of commercial freight between Washington D.C., Baltimore, Philadelphia, and New York City
  • I-295: Provides a bypass around Wilmington, connecting to the Delaware Memorial Bridge
  • I-495: A bypass route around Wilmington that handles significant truck traffic
  • US Route 13: A major north-south route serving the Delmarva Peninsula
  • US Route 40: Connects Wilmington to the Maryland border, handling regional freight

The Port of Wilmington adds another layer of trucking activity, with refrigerated cargo (especially fruits and bananas) creating specialized freight patterns. The Delaware Memorial Bridge toll plaza is notorious for congestion, creating dangerous conditions as trucks slow down and speed up.

Unique Delaware Trucking Risks

Delaware’s highways present specific challenges for commercial trucking:

  1. Nor’easters and winter weather: Delaware’s coastal location makes it vulnerable to severe winter storms that create treacherous road conditions
  2. Coastal flooding: Low-lying areas near the coast can flood during storms, creating sudden hazards for trucks
  3. High traffic density: Delaware’s small size means heavy traffic concentration on limited highway infrastructure
  4. Port traffic: The Port of Wilmington generates specialized trucking patterns, including refrigerated cargo that requires different handling
  5. Bridge congestion: The Delaware Memorial Bridge is a critical chokepoint for regional freight

The Devastating Consequences of Delaware 18-Wheeler Accidents

When an 18-wheeler weighing up to 80,000 pounds collides with a passenger vehicle, the results are often catastrophic. The physics simply don’t favor the smaller vehicle.

Common Catastrophic Injuries in Delaware Trucking Accidents

  • Traumatic Brain Injury (TBI): The violent forces in a truck collision often cause the brain to impact the inside of the skull, leading to cognitive impairment, memory loss, and personality changes
  • Spinal Cord Injuries: Damage to the spinal cord can result in paraplegia or quadriplegia, requiring lifelong care
  • Amputations: Crushing injuries may require surgical amputation or result in traumatic limb loss at the scene
  • Severe Burns: Fuel tank ruptures or chemical spills can cause life-threatening burns requiring multiple surgeries
  • Internal Organ Damage: The force of impact can lacerate or rupture organs, causing internal bleeding
  • Wrongful Death: Tragically, many Delaware trucking accidents prove fatal for passenger vehicle occupants

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

Who’s Really Responsible for Your Delaware Trucking Accident?

Unlike typical car accidents where usually only one driver is at fault, trucking accidents in Delaware often involve multiple liable parties. Our attorneys investigate every potential defendant to maximize your compensation.

The 10 Parties Who May Be Liable for Your Delaware Trucking Accident

  1. The Truck Driver: Direct negligence like speeding, fatigue, distraction, or impairment
  2. The Trucking Company: Vicarious liability for driver’s actions, plus direct negligence for:
    • Negligent hiring (failing to check driver’s background)
    • Negligent training (inadequate safety instruction)
    • Negligent supervision (failing to monitor driver behavior)
    • Negligent maintenance (poor vehicle upkeep)
    • Negligent scheduling (pressuring drivers to violate HOS regulations)
  3. Cargo Owner/Shipper: Improper loading instructions or hazardous material disclosure failures
  4. Cargo Loading Company: Improper securement or unbalanced load distribution
  5. Truck Manufacturer: Design or manufacturing defects in the vehicle
  6. Parts Manufacturer: Defective components like brakes, tires, or steering systems
  7. Maintenance Company: Negligent repairs or failure to identify safety issues
  8. Freight Broker: Negligent selection of unsafe carriers
  9. Truck Owner: If different from the carrier, for negligent entrustment
  10. Government Entities: For dangerous road design or maintenance failures

Our Delaware trucking accident attorneys leave no stone unturned in identifying all responsible parties. We understand the complex web of relationships in the trucking industry and know how to navigate them to build the strongest possible case for you.

The Critical Evidence That Disappears Fast in Delaware Trucking Cases

Evidence in Delaware 18-wheeler accident cases disappears quickly. Trucking companies have rapid-response teams that begin protecting their interests within hours. If you don’t act immediately, critical evidence will be lost forever.

What Evidence We Preserve Immediately in Delaware Cases

  • ECM/Black Box Data: Records speed, braking, throttle position, and other critical data that can be overwritten in as little as 30 days
  • ELD Records: Electronic logging devices prove hours of service violations and driver fatigue
  • Dashcam Footage: Forward-facing and cab-facing cameras that may have recorded the accident
  • Driver Qualification File: Documents the driver’s background, training, and medical certification
  • Maintenance Records: Show whether the truck was properly maintained
  • Drug/Alcohol Test Results: Prove whether the driver was impaired
  • Cell Phone Records: Reveal whether the driver was distracted
  • GPS/Telematics Data: Shows the truck’s route and speed history
  • The Physical Truck: For expert inspection before repairs
  • Cargo Securement Devices: To prove whether cargo was properly secured

We send spoliation letters within 24-48 hours of being retained to preserve this evidence before it’s destroyed. Time is of the essence – call Attorney911 at 1-888-ATTY-911 immediately after your Delaware trucking accident.

The FMCSA Violations That Prove Negligence in Delaware Cases

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking nationwide, including in Delaware. When trucking companies violate these regulations, they create dangerous conditions that lead to catastrophic accidents.

The Most Common FMCSA Violations in Delaware Trucking Accidents

  1. Hours of Service Violations (49 CFR Part 395)

    • Driving more than 11 hours after 10 consecutive hours off duty
    • Driving beyond the 14th consecutive hour on duty
    • Failing to take required 30-minute breaks
    • Exceeding 60/70-hour weekly limits
    • Inadequate 34-hour restart periods
  2. Driver Qualification Violations (49 CFR Part 391)

    • Hiring drivers without proper CDL
    • Failing to maintain Driver Qualification Files
    • Employing drivers with disqualifying medical conditions
    • Not verifying driving history with previous employers
  3. Vehicle Maintenance Violations (49 CFR Part 396)

    • Failing to conduct required inspections
    • Not repairing known defects
    • Improper brake adjustments
    • Worn or damaged tires
    • Inoperative lighting or reflectors
  4. Cargo Securement Violations (49 CFR Part 393)

    • Inadequate tiedowns
    • Improper load distribution
    • Failure to use blocking or bracing
    • Overloading beyond weight limits
  5. Drug and Alcohol Violations (49 CFR Part 382)

    • Operating under the influence
    • Failing to conduct required testing
    • Positive test results not addressed
  6. Distracted Driving Violations (49 CFR § 392.82)

    • Hand-held mobile phone use
    • Texting while driving
    • Using in-cab electronics while driving

“Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking companies minimize claims—and now he uses that knowledge to fight for you.”
— Attorney911 Team

The Types of Delaware 18-Wheeler Accidents We Handle

Jackknife Accidents on Delaware Highways

A jackknife occurs when the trailer swings out at an angle to the cab, often blocking multiple lanes. These accidents are common on Delaware’s highways, especially during sudden braking or on wet roads.

Common Causes in Delaware:

  • Sudden braking on I-95 or I-295
  • Speeding on curves or during winter weather
  • Empty or lightly loaded trailers (more prone to swing)
  • Improperly loaded cargo shifting during transit
  • Brake system failures or improper adjustments
  • Driver inexperience with emergency maneuvers

Underride Collisions: The Most Deadly Delaware Trucking Accident

Underride collisions occur when a passenger vehicle slides underneath a truck’s trailer, often shearing off the vehicle’s roof. These are among the most fatal types of trucking accidents.

Delaware Underride Statistics:

  • Approximately 400-500 underride deaths occur annually nationwide
  • Rear underride guards are federally required (49 CFR § 393.86)
  • Side underride guards are NOT required by federal law
  • Many Delaware underride accidents occur at intersections or during sudden stops

Tire Blowout Accidents on Delaware Roads

Tire blowouts cause the driver to lose control, often resulting in rollovers or multi-vehicle crashes. Delaware’s highways see numerous tire blowout accidents each year.

Common Causes in Delaware:

  • Underinflated tires causing overheating
  • Overloaded vehicles exceeding tire capacity
  • Worn or aging tires not replaced
  • Road debris punctures (common on I-95)
  • Manufacturing defects
  • Extreme temperature variations affecting tire pressure

Rollover Accidents: Delaware’s Mountainous Challenge

Rollover accidents occur when a truck tips onto its side or roof. Delaware’s terrain, while not mountainous, presents challenges with bridges and ramps that can lead to rollovers.

Common Causes in Delaware:

  • Speeding on exit ramps or curves
  • Improperly secured or unevenly distributed cargo
  • Liquid cargo “slosh” shifting center of gravity
  • Overcorrection after tire blowout or lane departure
  • Driver fatigue causing delayed reaction
  • Road design defects at interchanges

Blind Spot Accidents: Delaware’s “No-Zone” Dangers

Commercial trucks have massive blind spots where the driver cannot see other vehicles. These “No-Zones” are responsible for many Delaware trucking accidents.

The Four No-Zones in Delaware:

  1. Front No-Zone: 20 feet directly in front of the cab
  2. Rear No-Zone: 30 feet behind the trailer
  3. Left Side No-Zone: Extends from cab door backward
  4. Right Side No-Zone: Extends from cab door backward, much larger than left side – MOST DANGEROUS

Wide Turn Accidents: Delaware’s Urban Challenges

Wide turn accidents occur when a truck swings wide before making a right turn, creating a gap that other vehicles enter. The truck then completes its turn, crushing or striking the vehicle.

Common Locations in Delaware:

  • Wilmington intersections
  • Dover business districts
  • Newark shopping areas
  • Delaware Memorial Bridge toll plaza
  • I-95 interchange areas

Brake Failure Accidents: A Preventable Delaware Tragedy

Brake failures cause approximately 29% of large truck crashes. When an 18-wheeler’s brakes fail, the results are often catastrophic.

Common Causes in Delaware:

  • Worn brake pads or shoes not replaced
  • Improper brake adjustment (too loose)
  • Air brake system leaks or failures
  • Overheated brakes on long descents
  • Contaminated brake fluid
  • Defective brake components
  • Failure to conduct pre-trip brake inspections

Cargo Spill/Shift Accidents: Delaware’s Unique Hazards

Cargo spill and shift accidents occur when improperly secured cargo falls from a truck or shifts during transit, destabilizing the vehicle.

Delaware-Specific Risks:

  • Port of Wilmington refrigerated cargo
  • Agricultural products from rural Delaware
  • Hazardous materials transported through the state
  • Construction equipment on Delaware roads

The Insurance Battle You’re About to Face in Delaware

Trucking companies have teams of lawyers and insurance adjusters working to minimize your claim from the moment the accident happens. They know every tactic to reduce or deny your compensation.

How Delaware Trucking Insurance Companies Fight Your Claim

Insurance Tactic How We Counter It
Quick Lowball Settlement Offers We never accept early offers; we calculate full future damages first
Denying or Minimizing Injuries We obtain comprehensive medical documentation and expert testimony
Blaming You (Comparative Fault) We investigate fully and gather evidence disproving fault allegations
Delaying the Claims Process We file lawsuits to force discovery and set depositions
Using Recorded Statements Against You We advise clients NEVER to give statements without attorney present
“Pre-Existing Condition” Defense We apply Delaware’s “Eggshell Plaintiff” rule: take the victim as we find them
“Gap in Treatment” Attacks We document all treatment and explain any gaps with medical records
Sending Surveillance Investigators We advise clients on appropriate conduct and expose unfair surveillance
Hiring “Independent” Medical Examiners We counter with our client’s treating physicians and independent experts
Drowning You in Paperwork We handle all communications and aggressively litigate to force resolution

“You’re not just another case number—you’re family.”
— Chad Harris, Attorney911 Client

What Your Delaware Trucking Accident Case Is Really Worth

The value of your Delaware 18-wheeler accident case depends on numerous factors, but trucking cases typically have higher values than standard car accidents due to the severity of injuries and higher insurance limits.

Delaware Trucking Accident Settlement Ranges

Injury Type Typical Settlement Range in Delaware
Soft Tissue (Whiplash) $15,000 – $60,000
Herniated Disc (Non-Surgical) $50,000 – $200,000
Herniated Disc (With Surgery) $346,000 – $1,205,000
Traumatic Brain Injury (Mod-Severe) $1,548,000 – $9,838,000+
Spinal Cord Injury $4,770,000 – $25,880,000+
Amputation $1,945,000 – $8,630,000
Wrongful Death $1,910,000 – $9,520,000+

Factors That Increase Your Delaware Case Value

  • Severity of injuries and required medical treatment
  • Degree of permanent impairment or disability
  • Impact on your ability to work
  • Pain and suffering endured
  • Degree of defendant’s negligence
  • Available insurance coverage
  • Strength of evidence proving liability
  • Quality of legal representation

The Delaware Legal Process for Trucking Accident Cases

Delaware’s Statute of Limitations

In Delaware, you have 2 years from the date of the accident to file a personal injury lawsuit. This may seem like a long time, but evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

Delaware’s Comparative Negligence Rule

Delaware follows a modified comparative negligence system with a 51% bar rule. This means:

  • If you are 50% or less at fault, you can recover damages
  • Your recovery is reduced by your percentage of fault
  • If you are 51% or more at fault, you cannot recover anything

For example, if you are found 20% at fault and your damages total $100,000, you would recover $80,000.

The Delaware Trucking Accident Legal Process

  1. Free Consultation: We evaluate your case at no cost
  2. Case Acceptance: We decide whether to take your case
  3. Investigation: We gather evidence and send preservation letters
  4. Medical Treatment: We help you get the care you need
  5. Demand Letter: We send a comprehensive demand to the insurance company
  6. Negotiation: We negotiate aggressively for a fair settlement
  7. Litigation: If necessary, we file a lawsuit and proceed to trial
  8. Resolution: We secure your compensation through settlement or verdict

Why Delaware Victims Choose Attorney911

Our Delaware Trucking Accident Experience

  • 25+ years fighting for injury victims across Delaware and the United States
  • Multi-million dollar settlements for trucking accident victims
  • Federal court admission to the U.S. District Court, Southern District of Texas
  • Former insurance defense attorney on staff who knows their tactics
  • Deep familiarity with Delaware’s trucking corridors and courts
  • Comprehensive understanding of FMCSA regulations (49 CFR Parts 390-399)
  • Proven track record holding trucking companies accountable

Our Delaware-Specific Advantages

  1. We know Delaware’s highways: From I-95 to the Delaware Memorial Bridge, we understand the unique challenges of Delaware’s trucking corridors
  2. We understand Delaware law: We apply Delaware’s comparative negligence rules and statute of limitations to maximize your recovery
  3. We have Delaware connections: Our network includes Delaware medical experts, accident reconstructionists, and vocational specialists
  4. We fight Delaware’s trucking industry: We’re not intimidated by the major carriers operating in Delaware
  5. We offer Delaware convenience: While our offices are in Texas, we handle Delaware cases remotely and travel to Delaware as needed

Our Documented Results for Trucking Accident Victims

  • $5+ Million – Logging Brain Injury Settlement
  • $3.8+ Million – Car Accident Amputation Settlement
  • $2.5+ Million – Truck Crash Recovery
  • $2+ Million – Maritime Back Injury Settlement
  • Millions recovered for families in trucking-related wrongful death cases

“They took a case other firms rejected and got me a handsome check.”
— Donald Wilcox, Attorney911 Client

What to Do Right Now After Your Delaware Trucking Accident

Immediate Steps to Protect Your Delaware Case

  1. Call 911 and report the accident
  2. Seek medical attention immediately, even if you feel okay
  3. Document the scene with photos and video if possible
  4. Get the trucking company name, DOT number, and driver information
  5. Collect witness contact information
  6. Do NOT give recorded statements to any insurance company
  7. Call Attorney911 immediately at 1-888-ATTY-911

What NOT to Do After Your Delaware Trucking Accident

  • Don’t admit fault or apologize at the scene
  • Don’t post on social media about the accident or your injuries
  • Don’t accept quick settlement offers without consulting an attorney
  • Don’t delay medical treatment – gaps hurt your case
  • Don’t talk to the trucking company’s insurance adjuster without legal representation
  • Don’t sign anything without having it reviewed by an attorney

Delaware Trucking Accident FAQ

What should I do immediately after an 18-wheeler accident in Delaware?

If you’ve been in a trucking accident in Delaware, take these steps immediately if you’re able:

  • Call 911 and report the accident
  • Seek medical attention, even if injuries seem minor
  • Document the scene with photos and video if possible
  • Get the trucking company name, DOT number, and driver information
  • Collect witness contact information
  • Do NOT give recorded statements to any insurance company
  • Call an 18-wheeler accident attorney immediately

Should I go to the hospital after a truck accident even if I feel okay?

YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. Delaware hospitals like ChristianaCare in Newark and Bayhealth in Dover can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.

What information should I collect at the Delaware truck accident scene?

Document everything possible:

  • Truck and trailer license plates
  • DOT number (on truck door)
  • Trucking company name and logo
  • Driver’s name, CDL number, and contact info
  • Photos of all vehicle damage
  • Photos of the accident scene, road conditions, skid marks
  • Photos of your injuries
  • Witness names and phone numbers
  • Responding officer’s name and badge number
  • Weather and road conditions

Should I talk to the trucking company’s insurance adjuster?

NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.

How quickly should I contact a Delaware 18-wheeler accident attorney?

IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.

What is a spoliation letter and why is it important?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, driver files, and more. Sending this letter immediately puts the trucking company on notice that destroying evidence will result in serious legal consequences.

Who can I sue after an 18-wheeler accident in Delaware?

Multiple parties may be liable in Delaware trucking accidents:

  • The truck driver
  • The trucking company/motor carrier
  • The cargo owner or shipper
  • The company that loaded the cargo
  • Truck or parts manufacturers
  • Maintenance companies
  • Freight brokers
  • The truck owner (if different from carrier)
  • Government entities (for road defects)

We investigate every possible defendant to maximize your recovery.

Is the trucking company responsible even if the driver caused the accident?

Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:

  • Negligent hiring (hiring unqualified drivers)
  • Negligent training (inadequate safety training)
  • Negligent supervision (failing to monitor driver behavior)
  • Negligent maintenance (poor vehicle upkeep)

What if the truck driver says the accident was my fault?

Delaware uses a modified comparative negligence system with a 51% bar rule. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs – the data tells the true story.

What is an owner-operator and does that affect my Delaware case?

An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.

How do I find out if the trucking company has a bad safety record?

FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:

  • CSA (Compliance, Safety, Accountability) scores
  • Inspection history and out-of-service rates
  • Crash history
  • Safety rating

A poor safety record can prove the company knew it was putting dangerous drivers on Delaware’s roads.

What is a truck’s “black box” and how does it help my Delaware case?

Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data – similar to airplane black boxes but for trucks. This data can show:

  • Speed before and during the crash
  • Brake application timing
  • Engine RPM and throttle position
  • Whether cruise control was engaged
  • GPS location

This objective data often contradicts what drivers claim happened.

What is an ELD and why is it important for my Delaware case?

Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of Delaware trucking accidents.

How long does the trucking company keep black box and ELD data?

ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately – once we notify them of litigation, they must preserve everything.

What records should my Delaware attorney get from the trucking company?

We pursue:

  • ECM/Black box data
  • ELD records
  • Driver Qualification File
  • Maintenance records
  • Inspection reports
  • Dispatch logs
  • Drug and alcohol test results
  • Training records
  • Cell phone records
  • Insurance policies
  • The physical truck and trailer

Can the trucking company destroy evidence in my Delaware case?

Once they’re on notice of potential litigation, destroying evidence is spoliation – a serious legal violation. Delaware courts can:

  • Instruct juries to assume destroyed evidence was unfavorable
  • Impose monetary sanctions
  • Enter default judgment in extreme cases
  • Award punitive damages

What are hours of service regulations and how do violations cause Delaware accidents?

FMCSA regulations limit how long truck drivers can operate:

  • Maximum 11 hours driving after 10 hours off
  • Cannot drive beyond 14th consecutive hour on duty
  • 30-minute break required after 8 hours driving
  • 60/70 hour weekly limits

Fatigued driving causes approximately 31% of fatal truck crashes. Drivers who violate these rules are too tired to react safely on Delaware’s highways.

What FMCSA regulations are most commonly violated in Delaware accidents?

The top violations we find in Delaware cases:

  • Hours of service violations (driving too long)
  • False log entries (lying about driving time)
  • Brake system deficiencies
  • Cargo securement failures
  • Drug and alcohol violations
  • Unqualified drivers (no valid CDL or medical certificate)
  • Failure to inspect vehicles

What is a Driver Qualification File and why does it matter for my Delaware case?

FMCSA requires trucking companies to maintain a file for every driver containing:

  • Employment application
  • Driving record check
  • Previous employer verification
  • Medical certification
  • Drug test results
  • Training documentation

Missing or incomplete files prove negligent hiring in Delaware courts.

How do pre-trip inspections relate to my Delaware accident case?

Drivers must inspect their trucks before every trip. If they failed to conduct inspections or ignored known defects (bad brakes, worn tires, lighting problems), both the driver and company may be liable for negligence under Delaware law.

What injuries are common in Delaware 18-wheeler accidents?

Due to the massive size and weight disparity, Delaware trucking accidents often cause catastrophic injuries:

  • Traumatic brain injury (TBI)
  • Spinal cord injuries and paralysis
  • Amputations
  • Severe burns
  • Internal organ damage
  • Multiple fractures
  • Wrongful death

How much are Delaware 18-wheeler accident cases worth?

Case values depend on many factors:

  • Severity of injuries
  • Medical expenses (past and future)
  • Lost income and earning capacity
  • Pain and suffering
  • Degree of defendant’s negligence
  • Available insurance coverage

Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions in Delaware and nationwide.

What if my loved one was killed in a Delaware trucking accident?

Delaware allows wrongful death claims by surviving family members. You may recover:

  • Lost future income and benefits
  • Loss of consortium (companionship and guidance)
  • Mental anguish and emotional suffering
  • Funeral and burial expenses
  • Punitive damages if gross negligence

Time limits apply – contact us immediately to protect your rights.

How long do I have to file an 18-wheeler accident lawsuit in Delaware?

The statute of limitations in Delaware is 2 years from the date of the accident. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.

How long do Delaware trucking accident cases take to resolve?

Timelines vary:

  • Simple cases with clear liability: 6-12 months
  • Complex cases with multiple parties: 1-3 years
  • Cases that go to trial: 2-4 years

We work to resolve cases as quickly as possible while maximizing your recovery.

Will my Delaware trucking accident case go to trial?

Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court – and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.

Do I need to pay anything upfront to hire your Delaware trucking accident firm?

NO. We work on contingency – you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.

How much insurance do Delaware trucking companies carry?

Federal law requires minimum liability coverage:

  • $750,000 for non-hazardous freight
  • $1,000,000 for oil, large equipment
  • $5,000,000 for hazardous materials

Many Delaware carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated.

What if multiple insurance policies apply to my Delaware accident?

Trucking cases often involve multiple policies:

  • Motor carrier’s liability policy
  • Trailer interchange coverage
  • Cargo insurance
  • Owner-operator’s policy
  • Excess/umbrella coverage

We identify all available coverage to maximize your recovery.

Will the Delaware trucking company’s insurance try to settle quickly?

Often yes – and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced Delaware trucking accident attorney first.

Your Delaware Trucking Accident Legal Team

Ralph P. Manginello – Managing Partner

With 25+ years of experience fighting for injury victims across Delaware and the United States, Ralph Manginello leads our firm with a track record of multi-million dollar verdicts and settlements. His federal court admission to the U.S. District Court, Southern District of Texas, allows him to handle complex interstate trucking cases.

“Ralph reached out personally to check on me during my case.”
— Dame Haskett, Attorney911 Client

Lupe Peña – Associate Attorney

Lupe Peña brings a unique advantage to your Delaware trucking accident case: he spent years working at a national insurance defense firm before joining the plaintiff’s side. This insider experience gives him firsthand knowledge of exactly how large insurance companies evaluate, minimize, and deny trucking accident claims. Now he uses that knowledge to fight FOR accident victims, not against them.

Fluent in Spanish: Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

Delaware Trucking Accident Resources

Delaware Trucking Accident Hospitals

  • ChristianaCare (Newark, Wilmington)
  • Bayhealth (Dover, Milford)
  • Beebe Healthcare (Lewes, Rehoboth Beach)
  • Nemours Children’s Hospital (Wilmington)
  • TidalHealth (Seaford, Nanticoke)

Delaware Trucking Accident Courts

  • New Castle County Superior Court (Wilmington)
  • Kent County Superior Court (Dover)
  • Sussex County Superior Court (Georgetown)
  • U.S. District Court for the District of Delaware (Wilmington)

Delaware Trucking Safety Resources

  • Delaware Department of Transportation (DelDOT): www.deldot.gov
  • Delaware State Police: www.dsp.delaware.gov
  • FMCSA Safety Data: safer.fmcsa.dot.gov
  • NHTSA Crash Data: www-fars.nhtsa.dot.gov

Your Delaware Trucking Accident Case Starts with One Call

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