What Should I Do if I Hit a Parked Car?

July 6, 2022

Hitting a parked car often causes drivers to panic, typically for not knowing how to handle this type of accident. In the eyes of the law and insurance companies, parked car collisions are no different than any other type of car accident and drivers do have expected responsibilities to meet.

In nearly every case, the driver who strikes a parked car is the responsible party because the other car is stationary, and unable to avoid the accident. State law varies depending on where you live, but all states do have certain requirements specifically for accidents involving a parked vehicle. The same is true of insurance companies in order for them to cover damages. Failure to do so with either could result in criminal charges and all financial costs your responsibility.

If you stuck a parked car, comply with local and state laws and protect yourself by immediately conducting the following:

Do not leave: Leaving the scene of an accident, even when the car is parked and the owner is not around, is considered a hit and run, which is a criminal offense. Laws vary between states, and charges can range from a misdemeanor to felony and result in fines, jail time, points on your license, or all three. Once caught and arrested, your insurance company may also increase your rates or cancel your coverage. The law allows you to make a “reasonable” attempt to locate the car’s owner, meaning you may make attempts to locate the owner but do so on foot and do not drive away from the scene. If police have been called to the scene and arrive during your absence, noting that your vehicle is still on the scene demonstrates to the officer it is likely not a hit and run situation.
Stay calm and evaluate: Accidents involving parked cars are usually low-speed accidents, such as pulling out of a parking space or traveling through a parking lot. But even low-speed accidents can result in injuries to the occupants of either car. Remain calm, pull your car out of the way of others, if possible, and turn on the car’s flasher lights. Check to see if any passengers are injured and call for police and emergency responders to provide medical treatment.
Wait for the owner: If the accident takes place in a restaurant parking lot, odds are you will be able to successfully locate the other car’s owner by enlisting the help of restaurant staff. The same is true if there happen to be occupants in the parked car. However, an accident in a shopping mall parking lot makes finding the car’s owner more difficult. Query any potential witnesses as to whether they know who the car belongs to or saw where the owner went after parking. You may choose to call the police at this point, who can run the plates and find information on the car’s owner. You are permitted to leave the scene after making a reasonable effort to locate the owner and provide your information or call the police to report the accident if you are concerned about being charged with a hit and run.
Leave a note: An important component of the “reasonable” attempt rule is providing information for the driver of the parked car in the form of a note. Many states include this as a requirement in cases where the owner cannot be easily and quickly located and serves as evidence the accident was not a hit and run incident. Keep the note simple, providing your name, address, telephone number, and a brief explanation as to the circumstances. Place the note under the car’s windshield wiper, enclosing it in a plastic bag in inclement weather, if possible. Additionally, take a photo of the note showing its contents, and one of the note under the windshield and showing the car, should there be any questions on your attempts to notify the owner or the condition of the car at the time of the accident.
Report to police: If there is major property damage or injuries, call the police right away. Additionally, some states require police notification on all accidents, regardless of the situation. Failure to do so could result in charges, fines, or potential jail time.
Document the scene: Take photos or video of the scene, vehicle damage, and anything additional that may have contributed to the accident, such as an ice patch that caused you to slide into the car.
Gather statements: Ask any witnesses for a statement and their contact information and ask them to share any photos or videos they may taken of the accident with you. Doing this also shows that you did not flee the scene.
Contact your insurance company: Insurance companies required you to notify them of any accident, regardless of whether you located the other car’s owner and left a note. Doing so protects both you and your insurance company, so contacting them as soon as possible is important.
Contact an attorney: You can handle the insurance claim on your own, but this is not advisable. Though hitting a parked car may seem like a simple case, insurance companies do not like paying and will attempt to avoid that outcome in any way possible. Car accident claims can be complex, so it is recommended to at least consult an attorney about your options before accepting any agreements or sign documents from the insurance company. If you panicked at the time and left the scene, contact an attorney immediately to represent you, communicate with police on your behalf, and help you present your version of events.

If your car is struck while parked, these same steps apply for providing evidence. If the owner of the car that struck yours is not at the scene and did not leave a note, call the police to report the incident as a hit and run. The police will be able to investigate more in-depth and locate the owner.

Accidents that have no visible damage do not require you to remain on the scene or have any financial responsibility, technically speaking. However, not all damage is outwardly obvious. There could be internal damage, such as to the car’s frame or suspension, which could create a greater problem for you later if you leave. Remain on the scene and attempt to follow the above steps just to be certain.

Leaving a note for the owner does not necessarily mean you will be contacted. In cases of minor or no visible damage, some car owners do not see a need in filing a claim. That may be the end in some cases, but most states allow up to two years to file a property damage lawsuit.

Millsboro Car Accident Lawyers at Jacobs & Crumplar, P.A. Assist Clients Involved in Parked Car Accidents

If you struck a parked car, or if your parked vehicle was struck, our Millsboro car accident lawyers at Jacobs & Crumplar, P.A. can help. Call us today at 302-656-5445 or contact us online to schedule a free consultation. Located in Wilmington and Millsboro, Delaware. We represent clients in Dover, New Castle County, Sussex County, and throughout Delaware.

Common Summer Car Accidents

July 2, 2022

Summer road travel can be fun and exciting, but, like all road travel, it is also dangerous. With so many cars on the road during the summer months, there are likely to be more accidents. While many of these accidents will be minor fender-benders, many accidents will also cause catastrophic and life-changing injuries. Here is a brief discussion of the most common causes of a summer car accident.

Road Construction

Here is an old saying about seasons in our part of the country: the two seasons are winter, and construction season. The summer months are when that construction work ramps up. While it is good that roads are being repaired, widened, and generally made safer to travel on, construction work presents hazards for workers and drivers alike.

Construction often comes along with road closures, lane closures, new traffic patterns, narrower roads, slower speed limits, and temporary traffic signals. But it also includes hazards from the construction work itself. Crews frequently break up parts of the roadway, causing small and large pieces to fly into travel lanes.

Drivers are required to drive with extreme caution, not only to protect workers but to avoid potential hazards in construction zones. Yet, many drivers do not adhere to construction zone speed limits or traffic restrictions, putting themselves and many others at risk. Drivers also fail to pay attention by continuing to look at their phones or engage in focused mental activity other than driving.

If you see a driver in a construction zone that is clearly not paying attention, do not try to correct them. That will only make matters worse. Stay focused and get through the hazard as safely as possible.

Distracted and Inexperienced Driving

Distracted driving happens at any time as drivers use their cell phones, read, engage in conversations with passengers, or try to eat while driving. All of these things take their focus away from the task at hand, making it more likely that they will cause a car accident.

Even when an accident has already happened, too many drivers want to look at the accident instead of driving their own car. This can lead to additional accidents as drivers fail to pay attention.

Inexperienced drivers are also more likely to be on the road during the summer. New drivers on summer break from school may travel long distances to get home for the summer. Each of these drivers puts other drivers at risk because it may be their first experience with heavier summer traffic.

Heat-Related Accidents

The summer heat can also cause accidents. As the outside temperature increases, so does the road surface temperature. That can make tires get extremely hot and expand. If you have filled tires up too high, the heat can make them expand even more, causing a blowout.

Blowouts can be extremely dangerous. When a tire blows, it often causes a car to jolt and swerve in one direction. At high speeds, cars could flip over and may even slam into other vehicles.

The heat can wreak havoc on other parts of your car, too. Your engine will get hot faster, and will have to work harder to cool itself down. Belts can be damaged easier in the heat, and other components can wear out faster. Keep an eye on your vehicle and temperature gagues to make sure it is in proper working order.

Traffic Congestion

During summer travel months, there are more cars on the road. More cars create more possibilities for accidents. While many of these accidents are minor, do not discount the fact that even fender-benders can cause injuries.

Especially when drivers and tourists are not familiar with the area, they can make rapid stops or turns, resulting in rear-end collisions or other accidents.

More Motorcycles on the Road

The warm weather of the summer allows motorcycle riders the opportunity to enjoy the wind and air rushing past them as they ride their motorcycles. The vast majority of motorcycle riders are defensive and good about following the rules of the road. However, some like to ride dangerously, weaving in and out of traffic, speeding, and violating numerous laws.

When there are more motorcycles on the road, especially when a rider acts without concern for their safety or the law, it can create dangerous situations where accidents can happen. Motorcycles are more easily concealed by blind spots, presenting the opportunity for more accidents to happen. Keep a cautious eye out and share the road.

Bad Weather

Summer brings extreme weather and rapidly-changing. Summer storms can brew seemingly out of nowhere, creating downpours where you cannot see more than a few feet in front of your car.

When you encounter these types of situations while driving, use your best judgment. If you think it is best to pull off the road safely, do so. If you need to slow down, do so, increasing your following distance. Whatever you do, when you encounter bad weather, make sure you always prioritize your safety and the safety of your passengers.

When other drivers are visiting the area, it can make matters even worse. When bad weather strikes, the driver has to deal with the poor weather conditions plus their lack of knowledge of the area.

The Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A., Keep You Safe During Summer Travel

If you or a loved one have been injured in a summer car accident, you may be entitled to compensation from the negligent driver. To explore your options and get skilled legal guidance, speak with our experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A., today. Call us at 302-656-5445 or contact us online to schedule your free consultation and learn more about the support and service we can provide. With offices in Wilmington and Millsboro, Delaware, we proudly serve Dover, New Castle County, and Sussex County.

Who is Liable for Road Debris Accidents?

June 30, 2022

An accident can happen to any motorist, no matter how careful one can be. Particularly road debris accidents, as many can happen in the blink of an eye. And they happen more often than you may think; according to a study by the American Automobile Association (AAA) Foundation for Traffic Safety, road debris causes over 50,000 accidents a year, resulting in more than 9,800 injuries and almost 115 deaths annually. Two-thirds of all these types of accidents coincidently happen because of unsecured objects falling off a vehicle.

Road debris consists of any object that is left in the road and is hazardous to drivers, regardless of if it was intentionally or not. A collision with road debris can lead to catastrophic damage and injury should a driver fail to navigate around it safely. However, determining who is liable for such an accident can be quite difficult. If you are unable to, you may have to use your own insurance policy to cover any damages or injuries you sustain.

What is Unavoidable Road Debris?

There are certain debris that insurance companies and police reports will consider as unavoidable. Flying debris, like rocks coming off a moving construction vehicle in front of you, is considered “unavoidable debris,” meaning the driver had little to no time to react accordingly and attempt to avoid it.

In ideal situations, the driver of the vehicle whose debris caused an accident would realize the incident occurred, and pull over. There, they would collect whatever fell off their vehicle safely and exchange insurance and contact information with whomever was affected by their unavoidable debris. Then the accident victim could recover any damages that are necessary, such as medical bills or car repair bills, and file a claim with the at-fault driver’s insurance company.

There are situations where the at-fault driver is unaware of what fell off their car, and if an accident happened as a result of their debris, or they do know but leave the scene of the accident anyway. At this point, the accident victim may need to find witnesses or any security footage to pinpoint who or what caused the flying debris, which is necessary to file an insurance claim with an at-fault driver.

If you are unable to find any eyewitnesses or video, then you may have to file a comprehensive claim through your own insurance company to have your damages covered.

Whether you are able to contact the at-fault driver or not, it is a good idea to contact the police and file a report. Some states even require it if you are in a single car accident and the damages are over a certain amount.

A police report is vital to have because it will contain details of your accident, such as the make and model of the at-fault driver’s vehicle and any witness statements. More importantly, the police report will detail whether the object that hit your vehicle was unavoidable or not, as well as if the at-fault driver fled the scene of the accident. The police report will be necessary when filing an insurance claim.

What is Avoidable Road Debris?

On the other hand, there is road debris that police or insurance companies would consider “avoidable,” meaning that the object was in the road and the driver who collided with the object had enough time to avoid it. Every driver must be in control of their own vehicle. So even if debris flew off a truck and landed on the road long before the collision occurred, drivers have a “duty of care” to avoid the object safely and to the best of their ability.

An insurance company will likely consider you to be the at-fault driver if you hit an avoidable object in the road. To recover any damages to your vehicle, you would likely have to file an insurance claim with your own insurance company, where your premiums will likely be raised. Your car insurance may have medical payments coverage should you be injured by the accident as well.

Should you swerve to avoid hitting an object but cause an accident instead, say, with the vehicle next to you or you hit a guardrail, then you would still be considered the at-fault driver in the eyes of the insurance company.

There are exceptions should you hit an avoidable object, such as a traffic cone that was misplaced by a construction company and should not have been there. In this scenario, the construction company may be held liable for your accident.

Another example that would be considered an exception is if the government is held liable for an accident. If an object was left in the highway that is under the care of the government, and they had ample time and awareness to remove the object but failed to do so, then the government can be held liable for causing the accident. Filing a claim against the government will be difficult, and will likely require the help of an accident lawyer.

How to Avoid a Road Debris Accident?

Road debris accidents are a common occurrence, but there are ways to prevent them from happening:

Defensive driving: Driving defensively often gives you enough time to react to an object in the road, or if you need to perform an emergency maneuver. Do not tailgate others, and leave enough room between yourself and others to get a good view of the road. If you see an object in the road, slow down to avoid it as best and as safely as possible.
Performing vehicle maintenance: Many times, road debris comes vehicle that was not maintained well. Tires can blowout when worn badly, when they are underinflated, and even when they are overinflated. Large commercial trucks often leave blown-out tires in the roadway, creating obstacles for other drivers. Rusted exhaust systems and suspension components can also break loose and fly off a vehicle, so it is important to always keep your vehicle well-maintained.
Securing cargo: If you have to travel with a large object, either on top of your vehicle or by towing it, tie it down securely with rope, straps, or netting. Double check that it is secure before moving, and make sure it is tight against the vehicle if it is on the roof so no air can get under it. Finally, do not overload the vehicle, as too much weight can drastically affect the handling of the car.

The Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Help Drivers Injured by Road Debris

If you have been injured by road debris, whether you know who is liable for the accident or not, then contact our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. right away. Call us today at 302-656-5445 or fill out our online form for a free consultation. With offices located in Wilmington and Millsboro, Delaware, we proudly serve all communities of Dover, New Castle County, and Sussex County.

What Are Spring and Summer Slip and Fall Hazards?

June 17, 2022

With the spring season fully upon us, the slips and falls normally associated with the fall and winter are thought to be finally behind us. However, that is simply not the case, as the spring can bring its own slippery hazards that businesses and homeowners must be aware of:

Slippery surfaces: The snow and ice may be gone, but the spring and summer introduction of sprinkler systems and garden hoses have increased slippery surfaces. This includes sidewalks, parking lots, driveways, roads, and walkways. As the temperatures get warmer, more people tend to spend their time outdoors. If they are outside walking in puddles or on wet surfaces, they can track in water into businesses and homes, causing a slippery hazard in itself.
Outdoors: A study from the University of Utah found that there are hundreds of emergency department visits between May and September from slip and fall injuries outdoors. Many people may not be wearing the correct shoes or are just not careful when hiking, jogging, on a camping trip, or doing any activity outdoors. It may also be because that spring weather brings a significant amount of rain, which can make any surface slick enough to fall. Be cautious around the pool or ocean as well. Where there is water, there are slipping hazards that can cause a fall, especially for children or the elderly.
Property maintenance: Property owners need to be aware of cracked sidewalks or broken staircases, things that can happen after a harsh winter. Potholes in parking lots are caused by water seeping into cracked pavement and when the temperatures drop, the water freezes and expands. Potholes are a common trip hazard that occur as spring transitions from winter.

How to Prevent Spring Slip and Fall Injuries?

Slip and fall injuries happen more in the spring and summer than people may realize, so it is important to do what you can to help prevent any injuries:

If you are a property owner or business owner, be on a lookout for hazards that winter may have caused, such as potholes or cracked walkways and have them repaired immediately. Make sure that handrails are secure, and carpets are secured if they are torn or frayed.
When at a pool, remind everyone not to run, and to keep the traffic areas free of any debris.
Take care of any spills or liquids on the ground as quickly as possible, whether you are at home or own a business. If you do own a business, put out caution signs if there is a slippery surface.

Slip and Fall Injuries in Delaware

If you suffer a slip and fall injury in Delaware, know the law before pursuing a lawsuit. The statute of limitations to file an injury lawsuit in Delaware is two years. Not only is this for seeking compensation for an injury from a slip and fall, but also if you are seeking compensation for property damage from the slip or fall as well, such as breaking an expensive watch. The statute of limitations begins on the date of the accident. Should you attempt to file a lawsuit after the deadline, your case would most likely be dismissed.

Another term in Delaware to be aware of is “comparative negligence”. This means that the plaintiff in an injury case does not receive any compensation if they share any responsibility for the accident than the defendant. However, Delaware has a “modified comparative negligence” law, which means that the plaintiff could still receive compensation if they share some responsibility in the accident, just as long as it is not more than the defendant.

The Delaware Personal Injury Lawyers at Jacobs & Crumplar, P.A. Help Those Injured in Slip and Fall Accidents

If you have been injured in a slip and fall accident because of the negligence of another, then you could be entitled to compensation. Call our experienced Delaware personal injury lawyers at Jacobs & Crumplar, P.A. immediately. Call us today at 302-656-5445 or fill out our online form for a free consultation. With our offices located in Wilmington and Millsboro, Delaware, we proudly serve all communities of Dover, New Castle County, and Sussex County.

How to Choose a Car Accident Lawyer?

June 15, 2022

Car accidents are traumatic enough, especially if you sustain injuries. But dealing with insurance companies alone just adds to the trauma you have already suffered. A Car accident Lawyer are personal injury lawyers who specialize in automobile accidents and insurance laws and regulations.

While is not a requirement to hire an attorney for your case, your chances of obtaining appropriate compensation will be greatly reduced without legal representation. Instead, the insurance company will most likely offer the minimum payout. Auto accident attorneys are seasoned in handling insurance companies and their tactics to avoid payouts, even in cases with serious injuries.

Consulting an attorney is crucial if you sustained injuries as a result of another driver’s negligence. Serious injuries can result in lifelong complications or disabilities with skyrocketing medical costs and loss of income for you and your family.

You can hire an attorney at any point during your case before the settlement, but it is best if you consult an attorney as soon as possible following the accident, especially if there are injuries. They are skilled in handling insurance companies and having legal representation to speak for you prevents you from unknowingly stating something to the insurance company that could damage your case and the settlement offer.

What Should I Consider When Looking for an Attorney?

When choosing an attorney to represent you, there are many important factors to consider. In order to find a lawyer, you feel most comfortable and confident about, you will need to do a little upfront research and interview potential candidates during your initial consultation. Consider the following when searching for the best attorney for your case:

Experience: There are a few different specialties under the umbrella of personal injury attorneys, such as workers’ compensation, class action suits, and car accidents. For your case, focus on those who specialize in car accidents with a breadth of experience, who have taken cases all the way to trial, and who have a successful track record of winning settlements and judgements for their clients.
Cost: Most personal injury attorneys work on a contingency basis, meaning they do not get paid until your case is won and you receive a settlement. Carefully review the fee agreement to understand the structure and what costs you will be expected to cover.
Communication: This will be obvious when you speak with potential attorneys on the phone or during the initial consultation. Does the attorney speak with you using easy-to-understand terms and explanations, or legal jargon that you find confusing? You will likely be working with the attorney you choose for many weeks, months, or longer, and you need to be able to communicate clearly and freely with them. Additionally, ask how the attorney prefers to communicate when not in-person, such as phone calls or emails.
Reputation: Lawyers and law firms are built on reputation and the legal community and insurance companies are well aware of those with proven track records of success, as well as those who don’t. You want a lawyer and law firm experienced in negotiation and litigation with insurance companies, as an attorney with a substandard record can negatively impact the amount of compensation you may receive, especially if the insurance company is aware of the lawyer’s weak points. Research online, question friends or acquaintances who hired the firm, customer reviews, awards won, bar association memberships, and related news stories featuring the lawyer or firm. Research what other attorneys say about them and the percentage of referrals they receive – the higher the better.
Professional team: Car accident lawsuits can be complex and involve investigations, witness interviews, expert witnesses, accident scene reconstruction, and more. You will want to hire an attorney who has the staff and resources to adequately handle your case and assist and communicate with you.
Representation: Be sure to confirm who will be representing you. It is not uncommon that new clients may be passed on to another attorney to ultimately represent you, not the one you are speaking with during the initial consultation, especially if the firm is large. Ask who will be representing you and, if you feel comfortable with the attorney you are speaking with, request for them to specifically represent you.

One of the biggest challenges in selecting the right attorney is narrowing the field, particularly in high population areas with thousands of lawyers. Websites such as Nolo.com and AllLaw.com are great resources that offer free legal information and directories of attorneys to help you compile a list.

Once you have compiled a list of potential candidates, make a list of questions to ask during the initial consultation and bring copies of all relevant documents, such as the police report, medical records and bills, pay stubs for proof of income, and any communication you have received from your insurance company and the other driver’s. If you plan to meet with several attorneys, make multiple copies of this information so each can retain a copy to review after the consultation to determine if they will take your case.

Does the Lawyer Have to Take My Case?

One key element to remember when selecting an attorney or firm is that they must also agree to take your case. As previously mentioned, most personal injury lawyers work on contingency and receive a percentage of the damages you recover. If the settlement you are likely to receive is low, most attorneys will not accept the case.

The cost of operating a law firm and the potential resources involved in car accident cases are high, it is not economically sound for an attorney to take a low-paying case. Though some attorneys who forgo working on the entire claim may be willing to advise you on parts of the claim and you would pay their hourly rate for those services.

A low settlement is not the only reason an attorney may decline to represent you. Even in cases involving serious injuries and the potential for higher compensation, the attorney may pass if he feels your chances of winning the full compensation amount is low. This is typical in situations where you may be partially or largely responsible for the accident, proving fault is difficult, or the at-fault defendant has little or no insurance.

Sometimes an attorney is just not a “good fit.” While you are interviewing the attorney to find the one you are most comfortable with, they are doing the same. If the attorney feels your personalities seem to clash, they may choose to decline the case, even if you do not feel the same. Personal injury cases take a long time to complete; you want to work with an attorney you get along with and one who also wants to work with you.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Represent Clients Injured in Motor Vehicle Accidents

If you have been injured in a car accident by a negligent driver, our experienced Delaware car accident lawyers at Jacobs & Crumplar, P.A. are available to help you recover compensation you may be entitled to. Call us today at 302-656-5445 or contact us online to schedule a free consultation. Located in Wilmington and Millsboro, Delaware. We represent clients in Dover, New Castle County, Sussex County, and throughout Delaware.

How Do I Safely Drive Through a Roundabout?

April 30, 2022

Road engineers are coming up with new and innovative ways to improve driver safety while keeping traffic congestion at a minimum. Although roundabouts have been seen mostly on European roads, communities in the United States are beginning to implement them as towns become more and more populated. Because of the rise of roundabouts, it is good idea to know how to safely navigate them:

Slow down: When approaching a roundabout, lower your speed.
Choose your lane: If the roundabout has multiple lanes, you need to decide which to use before entering, which generally depends on where you are turning. For example, if you must turn on the second exit, use the outside lane.
Yield: Before entering the roundabout, be sure to yield to those already in it. Once you are in the circle, you now have the right-of-way over those waiting to enter. Stay in your own lane if using a multi-lane roundabout.
Pedestrians and bicyclists: As a driver, always yield to pedestrians and bicyclists. Bicyclists can treat the lanes like drivers, unless they are walking with the bike, in which event they should use the sidewalks instead.
Counter-clockwise: Always turn right when entering a roundabout and proceed in a counter-clockwise direction. Never attempt to shortcut and go left under any circumstances. Stay in the roundabout until you reach your exit and use your right turn signal before exiting while watching for pedestrians crossing.
Do not pass trucks: Always yield to oncoming trucks and larger vehicles and allow them to use both lanes if they need.
Emergency vehicles: Allow emergency vehicles to pass you or exit the roundabout and pull over, giving them room to pass.

The Benefits of Roundabouts

Because there are not many roundabouts presently in our area, the common thought misconception is that they are more dangerous from the conventional intersection. That is simply not true. In fact:

According to recent studies, roundabouts reduce the chances of an accident by 37 percent.
The same studies show that there is a 75% decrease in injuries.
Eliminate speeding because of the posted speed limit, the nature of having to slow down to enter the circle, as well as forcing cars to slow down in order to yield to others in the roundabout.
Reduces the risk of speeding, T-bone collisions or head-on collisions.
Roundabouts increase visibility for drivers, as they can plainly see what is coming, and eliminates the need to make a left turn across an intersection, which is one of the deadlier maneuvers to make.
Roundabouts ease traffic congestion all while increasing capacity by almost 50 percent.

Even with all the safety benefits, there is a possibility that car accidents can occur in a roundabout. Perhaps because of unfamiliarity, some common roundabout mistakes include:

Failing to yield to vehicles already in the roundabout.
Driving too fast or failing to slow down when approaching the entrance of a roundabout.
Stopping suddenly within the roundabout suddenly, leading to a rear end accident.
Using the wrong lane when exiting the roundabout.
Cutting in front of others, changing lanes without warning.

Should you get into an accident in a roundabout, you may need to speak to a lawyer because of the complexity of the circumstances. Roundabout accidents may be difficult to prove who or what is at fault and having the best legal advice can only help your situation.

The Delaware Personal Injury Lawyers at Jacobs & Crumplar, P.A. Help Those Injured in Roundabout Accidents

Delaware is beginning to see more and more roundabouts implemented on its roadways, so it is wise to know how to drive through them safely. However, accidents do happen, especially if someone is reckless or negligent. If you have been injured in an accident, call the Delaware personal injury lawyers at Jacobs & Crumplar, P.A. immediately. Our knowledgeable team has years of experience with these types of cases and can help you get the compensation you rightfully deserve. Call us today at 302-656-5445 or fill out our online form for a free consultation. With our offices located in Wilmington and Millsboro, Delaware, we proudly serve all communities of Dover, New Castle County, and Sussex County.

Who Pays for Damages in Work-Related Car Accidents?

April 28, 2022

There are thousands of Delaware workers who are required to drive an employer-owned vehicle. Every day on our roads and highways, there will be hundreds and hundreds of employer-owned vehicles being driven by employees while on the clock. With this number of employer-owned vehicles on the roads at any given time, some are bound to be involved in car accidents. Most people understand that if you are hurt at work because of a slip and fall, lifting injury, tripping and twisting your ankle or your knee, or something more serious, then workers’ compensation would cover those injuries. But what happens when you are driving in an employer-owned vehicle and the negligent driver crashes into you? Who is going to be responsible for your medical bills? Who will be responsible for your wage loss if you are seriously injured and unable to work? These are the questions that will be addressed in this piece to help injured workers figure out what they should do if they were in a work-related automobile accident.

Who Are the Various Parties Involved?

A work-related car crash can get pretty complicated. This is one reason why you should have a lawyer who focuses their practice on representing workers’ compensation cases as well as vehicle crashes. Many insurance companies are involved with several potentially at-fault entities in a work-related car accident.

If the car crash was not your fault and it was caused by a negligent driver, then you have that driver’s auto insurance company that you have to add to the complications. Then, the vehicle that you were driving in that is owned by the employer should have a commercial automobile insurance policy. Then, because the accident happened while you were on the clock and working while driving your employer’s vehicle, the employer’s workers’ compensation insurance company also has to be calculated. As you could see, there are several insurance companies that need to be dealt with and all of them might have some responsibility in paying compensation or benefits for your injuries.

Worker’s Compensation Insurance

With every work-related injury, your employer’s workers’ comp insurance company is responsible to pay your medical bills as well as any wage loss benefits that you suffer. But that is it. You are not entitled to receive any kind of compensation for pain and suffering, loss of life’s pleasures, or lost earning capacity going into the future, assuming that you have a permanent disability. If the vehicle crash was caused by the negligence of another driver, your workers comp insurance company will still pay for those benefits, wage loss and medical bills.

Negligent Driver’s Liability Insurance Policy

If the other driver was truly at fault in the accident, then you can go after their liability insurance coverage. This would be similar to a standard car accident personal injury case. Under those circumstances, you can seek the normal compensation such as wage loss, unpaid medical bills, compensation for pain and suffering, compensation for loss of life’s pleasures, and any other out-of-pocket expenses or damages that have not yet been covered by another insurance company. Also, if you are married, your spouse can file a claim for loss of consortium and also receive compensation.

The law, however, does not allow you to “double dip” on wage loss and medical bills. If it is a work-related auto accident, the workers’ comp insurance company has already paid those benefits. Therefore, if you receive any wage loss or medical benefits from the at-fault insurance company, you will have to pay back the workers’ compensation insurance company for those monies. You would not have to pay back any portion of the settlement or jury award that was designed to compensate you for pain and suffering though. Those money damages are yours alone.

If for some reason there was not enough insurance coverage on the at-fault driver’s policy, you could potentially go after your employer’s automobile insurance coverage, assuming that they purchased the right type of coverage. If they have uninsured driver coverage, or underinsurance coverage on the company vehicle, then it is potentially available to you assuming that the at-fault driver was either uninsured and had no insurance on their vehicle or was underinsured and did not have enough insurance to cover the extent of your injuries.

What Can a Lawyer Do for You?

This is the type of case that you should not try to handle yourself. There are too many insurance companies involved, with too many adjusters, and too many ways to make a mistake if you try to do this yourself. Hiring the right lawyer can assure that they will know both automobile law and personal injury law, as well as know how to deal with the worker’s compensation system in Delaware. The law firm that you pick should have handled dozens and dozens of these types of cases over the years. If not, you are risking not being fully fairly compensated for your injuries.

The Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Focus Their Practice On Helping Employees Seriously Injured in Work-Related Car Crashes

Picking the right law firm is very important in the success of your case. You need a law firm that has the knowledge, skills, and resources to fight for your rights. The Delaware car accident lawyers at Jacobs & Crumplar, P.S. knows what it takes to successfully represent seriously injured work-related car accident victims. With offices in Millsboro and Wilmington, we serve clients in Dover, New Castle County, and Sussex County. Contact us online or call us at 302-656-5445 to schedule a free consultation.

What Causes T-Bone Accidents?

March 16, 2022

Although most types of car accidents cause trauma, T-bone accidents can cause severe injuries and can even be fatal. In fact, according to the National Highway Traffic Safety Administration (NHTSA), T-bone accidents make up over 46 percent of all fatal car accidents.

A T-bone car accident is when one vehicle crashes into the side of another car, forming a t-shape. According to the NHTSA, they make up over 30 percent of all multi-car crashes. Because T-bone accidents often involve two drivers who are traveling at high speeds, they are incredibly dangerous. Furthermore, unlike rear-end collisions where the person behind is almost always at fault, it is more difficult to determine who is at fault for a T-bone accident.

T-bone car accidents usually occur in intersections when someone fails to yield the right-of-way. Some causes of T-bone accidents include:

A driver making a left turn in front of oncoming traffic, either rushing to get through it or not seeing the other side of traffic.
A driver blowing through either a red light or a stop sign then hitting another driver.
A driver pulls out of a parking lot or side street onto the highway without yielding to oncoming traffic.

Determining Fault

Not only do T-bone accidents cause serious injuries or death, but it can be difficult to determine who is the liable party:

One or both drivers: Normally in a T-bone accident, one person is solely to blame. However, there are times when both drivers can be held liable for the accident. For instance, one driver could be speeding through an intersection while the other driver makes a left turn in front of them before making sure it is safe.
Third driver: A third driver could act so recklessly that it causes one or two drivers to swerve and cause a T-bone accident. Even though the first driver may not have hit anyone, they could be partially responsible for the accident.
Mechanical failure: Although rare, it is possible for a driver to experience a mechanical failure in their vehicle, such as brake failure when they are coming to a stop, causing them to drive into oncoming traffic.

Modified Comparative Negligence in Delaware

Delaware is considered a modified comparative negligence state, meaning that if the plaintiff shares more than 50 percent of the blame, they are not eligible to receive compensation.

Every driver owes a duty of care to other drivers. All drivers must be responsible and drive safely. They must follow traffic laws to protect themselves and others. Should the driver breach that duty of care, then they are seen as negligent. If the accident results in injury or property damage, the plaintiff may be able to seek compensation.

What Should I Do After a T-Bone Accident?

After a T-bone accident, you should do the following:

Check on everyone: If possible, make sure to check yourself for injuries and see if your passengers are okay as well.
Pull over: If your car is still drivable, pull over onto the shoulder of the road or in a safe area, away from traffic.
Get help: Call 911 right away and report the accident or have a witness do it for you. Even if you do not feel injured, you want to be completely sure, so get medical attention immediately. Especially in a T-bone accident, a myriad of injuries can occur, and most could be serious, such as a concussion, broken bone, fracture, or lacerations.
Police report: A police report is extremely important after a T-bone accident, as the police will take both drivers’ accounts as well as the witnesses.’ The police report could be helpful in a personal injury
Contact a lawyer: After any serious collision, you want to have the right lawyer on your side.

How Can a Lawyer Help Me After a T-Bone Accident?

T-bone accidents will likely require extensive investigation to determine who is responsible for the accident. Hiring a lawyer can help prove who is liable. A lawyer can help in the following ways:

Contact any eyewitnesses and get full statements.
Get security or surveillance footage of the accident either from traffic cams or from surrounding businesses.
Get advice and testimony from a traffic accident reconstructionist and piece together the events of the crash and its cause. An expert can take the facts of the case and observe photographs and videos to reconstruct the accident to determine the cause and liability party.
Determine if other third parties are involved in the case, such as a mechanical failure or manufacturing defect.

Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Help Those Injured by Reckless Drivers in T-Bone Accidents

Our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. can help you if you have been severely injured in a T-bone accident that was caused by a negligent driver. Call us today at 302-656-5445 or fill out our online form to schedule a free consultation. Located in Wilmington and Millsboro, Delaware, we proudly serve clients in Dover, New Castle County, and Sussex County.

Can Low-Speed Car Accidents Cause Serious Injuries?

February 8, 2022

Low-speed car accidents can still cause serious injuries. Some people might think only serious injuries are caused by violent collisions. Although that does happen, low-speed accidents can still injure drivers and passengers. A slow-speed collision may lead to less property damage, but soft tissue damage and other injuries are a serious concern.

An insurance company or the at-fault driver may try to convince you that your injury is not serious after a minor accident. However, do not let them convince you into believing you should not compensated for a serious injury just because the accident was seemingly minor. An experienced car accident lawyer can help you in this situation. Having a knowledgeable and skilled lawyer on your side is important if you have a serious injury from a car accident.

What Determines the Severity of an Injury?

Speed is not the only factor that determines whether a car accident will cause a serious injury. Injuries can be caused by a variety of factors, including but not limited to:

Type of vehicles involved.
Speed gap between the two vehicles.
Weight of the vehicles and their sizes.
Impact site location.
Force direction.
Head restraint position.
Seat deterioration.
Seat back angle.

The average automobile weighs approximately 2,000 pounds and can produce an impact force of approximately 3.7 tons at 10 miles per hour. A 3,000-pound vehicle driving at the same speed can double the impact force to 5.6 tons. Even at a slow speed, this force can cause serious injuries.

Even if a seat belt is worn, you can still be injured. You could hit your head on the headrest of your seat, or you could hit your head on the side of the vehicle.

What Injuries Are Common in Low-Speed Car Accidents?

There are several injuries that are seen in low-speed car accidents, including.

Broken or fractured bones.
Nerve damage.
Whiplash and other neck injuries.
Lacerations and abrasions.
Soft tissue damage.
Chest injuries, like bruises and broken or cracked ribs from the seat belt or from hitting the steering wheel.
Knee injuries.
Spinal cord injuries.
Brain injuries.
Mental injuries.

A lot of these injuries can heal in weeks or months, assuming you receive immediate and proper treatment. However, some of these injuries can cause life-long problems. Nerve damage can take years to heal. Sometimes, herniated discs in the spine require surgery to repair. The symptoms from a serious brain injury can last for months, years, or even a lifetime.

Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Can Help You After Any Type of Collision

Being seriously injured in a car accident can be overwhelming, but a lawyer might be able to help. Our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. understand that a low-speed accident can cause catastrophic injuries. Our legal team can protect your rights. Call us at 302-656-5445 or contact us online to schedule a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.

What Evidence Should I Collect From the Scene of a Car Accident?

January 19, 2022

If you have been involved in a car accident, you may be able to collect evidence at the scene to help prove that the other driver was negligent. If you do not collect some of the evidence immediately, it can be gone for good.

Even if you believe that the car accident was relatively minor, you should still make sure to gather evidence immediately after the crash occurs. Pictures and videos of the car accident scene and of any property damage and injuries can help you later if the other driver or their insurer tries to place fault on you.

Witnesses who saw how the accident occurred and the events leading up to it can help validate your side of the story as well. It is important to note that physical evidence and memories can diminish over time, which makes it crucial to act swiftly after a car accident happens.

Additionally, you will have to prove how much the car accident has cost you and that the other driver caused the collision because of their negligent actions. In many cases, the proof you provide will not only help the court see the accident from your point of view, but it will also protect you from any false accusations made by the at-fault driver or their insurance company.

Copy of the Police Report

When you are involved in a car crash, you should immediately contact the police to report the incident and to obtain a copy of the police report. When police arrive at the scene, they will obtain:

The names and contact information of the drivers involved.
The names and contact information of the witnesses.
The exact location and/or address of the incident.
The time and date of the occurrence.
A description of what happened.
A description of the injuries and the damages.

The official police report of the accident is typically viewed as an objective point of view of the crash, which will be helpful for your claim.

Witness Testimonies

Obtaining witness testimonies can be important for your case. Eyewitnesses are often able to give valuable information about what caused the crash. Other people who were not involved in the crash, such as pedestrians in the area or drivers of other vehicles, may have seen what happened, and they may testify on your behalf. You should get their contact information as well. They may be able to confirm your belief that the other driver was at fault.

Contact Information

You should also try to obtain the other driver’s license plate number and inform law enforcement. If you speak with the other driver, you should get their contact and insurance information. This information will help you with a claim, and it will help when you call the insurance company to report the accident.

Pictures and Videos

Use your cellphone to take photographs and videos of the damage, the position of the cars, along with your surroundings. Pictures can show valuable evidence about how the crash happened and the circumstances that led to the accident.

You should also take pictures and videos of skid marks, debris, broken glass, property damage to road signs, guardrails, the landscape, and any road defects that may have contributed to the accident. These details may help prove that the other driver caused the accident. For example, a skid mark might show that the other driver was speeding at the time of the accident.

You should also compile evidence after you leave the scene of the car accident. Medical records are critical.

It is important to document your injury. If you are able to, take pictures or videos of your injury. A lawyer will try to link your injuries to the collision. You should acquire copies of your medical record and any related receipts. You should collect information that proves you went to the emergency room. You should get paperwork that shows you underwent examinations, tests, and/or surgery.

Footage

You may be able to help your case by obtaining footage of the accident. If a traffic camera caught your accident on tape, you can use this to prove that the other driver was at fault. A traffic camera may show that the other driver sped through a red light and collided with your vehicle.

You might be able to get footage from security cameras as well. A security camera could show that the other driver was on their phone or otherwise driving while distracted at the time of the accident.

Expert Witnesses

Additionally, expert witnesses, such as an accident reconstructionist, doctor, or engineer, are experts who can give their educated opinions on complicated questions to help the jury understand the full effects of the crash. An expert witness may be able to provide information on who could be at fault for the accident. Your lawyer has access to expert witnesses, and they will be able to help you get testimonies from them.

Delaware Car Accident Lawyers at Jacobs & Crumplar, P.A. Can Help You Compile Evidence to Prove Your Claim

If you have been involved in a car accident, you should collect certain evidence at the scene. A lawyer can also help you collect additional evidence as well. Our Delaware car accident lawyers at Jacobs & Crumplar, P.A. can help you after a collision. Contact us online or call us at 302-656-5445 to schedule a free consultation today. We are located in Wilmington and Millsboro, Delaware, and we serve clients throughout Dover, New Castle County, and Sussex County.

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