Wilmington, DE (March 2, 2026) – On Friday afternoon, February 27, a fatal motorcycle crash occurred on DuPont Highway (US 13) near the intersection with Millside Drive in Wilmington.
According to the Delaware State Police, the collision took place at approximately 3:30 p.m. when a Harley-Davidson motorcycle traveling northbound on DuPont Highway approached the intersection. At the same time, a Lexus UX was stopped behind a Mitsubishi Mirage in the left-turn lane. For reasons that remain under investigation, the motorcycle struck the rear of the Lexus, causing the rider to be ejected. The force of the impact pushed the Lexus into the Mitsubishi.
The motorcyclist, identified as 29-year-old Brian Silva of New Castle, Delaware, was transported to a nearby hospital, where he later died from his injuries. Authorities initially withheld his name pending family notification. No additional injuries have been confirmed at this time.
The roadway was closed for approximately three hours while troopers conducted a preliminary investigation and cleared the scene. The Delaware State Police Collision Reconstruction Unit continues to investigate the circumstances surrounding the crash.
We extend our sincere condolences to the family and loved ones of the deceased during this difficult time.
Who Can File a Wrongful Death Claim in Wilmington?
When a fatal crash occurs in Wilmington, Delaware law allows certain surviving family members to pursue a wrongful death claim. This type of legal action is intended to provide financial relief to those who suffer losses due to the untimely death of a loved one caused by another party’s negligence or wrongful conduct. Beyond the emotional devastation, families are often left facing sudden financial strain, including medical bills, funeral costs, and the loss of steady household income.
In Delaware, a wrongful death claim is typically filed by the personal representative of the deceased person’s estate. This representative acts on behalf of eligible beneficiaries, who often include a surviving spouse, children, parents, or other close relatives who depended on the deceased for financial support or services. If no personal representative has been appointed, the court may designate one. The court determines how any compensation is distributed among beneficiaries based on their relationship to the deceased and the extent of their loss, ensuring that those most affected receive appropriate consideration.
Compensation in a wrongful death claim may cover funeral and burial expenses, loss of income and benefits the deceased would have provided, loss of household services, and the loss of companionship, guidance, and care. Damages may also take into account the projected lifetime earnings of the deceased, including raises, benefits, and retirement contributions. In some cases, a related survival action may also be filed to recover damages the deceased could have pursued had they survived, such as medical expenses and conscious pain and suffering before death.
It is important to understand that Delaware imposes a statute of limitations on wrongful death claims, meaning families generally have a limited period of time to file a lawsuit. Failing to act within this timeframe can result in losing the right to seek compensation entirely. Because wrongful death claims are subject to strict filing deadlines and legal requirements in Delaware, families are encouraged to seek legal guidance as soon as possible to protect their rights and ensure that evidence is preserved.
If you have lost a loved one in a crash in Wilmington or anywhere in New Castle County, our wrongful death accident attorney at Murphy & Landon can help you understand your legal options. Call 302-472-8100 for a free consultation.
Note: Our law firm utilizes secondary sources to create this post. The facts surrounding this specific accident have not been independently verified. Don’t hesitate to get in touch with Murphy & Landon if you find any inaccurate information. We will update the post right away to reflect the most accurate information available.
Disclaimer: None of the information in this post is intended to be legal advice or medical advice. This is not a solicitation for business. If you have been injured in an accident, get medical attention as soon as possible. The photo used in this post was not taken at the accident scene.
