New Castle, DE (May 1, 2026) — A mid-day collision left a pedestrian fighting for their. Emergency units were dispatched to Route 40 (Pulaski Highway) near the intersection of Christiana Road (Route 273) at approximately 12:29 p.m on Friday, April 30.
First responders arrived to find a complex scene involving two injured individuals. Reports indicate that a pedestrian was struck by a vehicle and sustained life-threatening injuries. Paramedics provided advanced life support at the scene. A second person was also evaluated for injuries, though their condition was reported as stable.
Authorities continue to investigate the hit-and-run pedestrian crash.
Our thoughts remain with the injured pedestrian, and we wish them strength and healing as they recover.
What Should I Do After a Pedestrian Accident in Delaware?
If you or a loved one is struck by a vehicle in Delaware, taking immediate action is crucial for both your health and your legal ability to recover costs. Delaware’s “No-Fault” insurance system and strict evidence rules mean that the first 48 hours are critical.
1. Prioritize Medical Care and “No-Fault” Documentation
Even if injuries seem minor, you must seek immediate care. High-impact accidents often result in internal trauma or concussions that may not be apparent due to adrenaline. Delaware is a “No-Fault” state, meaning your medical bills will initially be covered by Personal Injury Protection (PIP) benefits. Establishing an immediate medical record links your injuries directly to the crash, making it much harder for insurance companies to dispute your claim later.
2. Identify the Primary Insurance Payer (PIP Order of Priority)
In Delaware, PIP coverage follows a specific “order of priority” for pedestrians. You must determine which policy is responsible for your initial medical bills and lost wages (up to 80%):
- Primary: Your own Delaware auto insurance policy.
- Secondary: The policy of a family member in your household.
- Final Option: The insurance policy of the vehicle that struck you.
- You generally have two years from the date of the accident to incur expenses covered by PIP, but filing your application promptly is necessary to avoid delays in treatment payment.
3. Obtain the Delaware State Police Collision Report
The Delaware State Police (DSP) will generate an official collision report. This document is the foundational piece of evidence for any liability claim. It contains officer observations, witness contact information, and often a preliminary determination of fault. You should request a copy of this report as soon as it is available to ensure all details are documented correctly.
4. Protect Your Rights Against “Comparative Negligence”
Delaware follows a Modified Comparative Negligence rule. This means you can only recover damages if you are found to be 50% or less at fault for the accident. Insurance companies often try to shift blame onto pedestrians to avoid paying claims. To counter this, try to secure photos of the scene, traffic signals, and any skid marks. If there were witnesses at the scene, ensure their contact info is preserved before they leave.
A personal injury lawyer can help explain what options may be available after a hit-and-run pedestrian accident. An attorney can review medical notes, insurance information, and related paperwork. This guidance can help people understand how medical bills, insurance communication, and documentation may apply to their situation.
If you have questions after a car crash, you can contact Murphy & Landon at (302)-472-8112. We have years of experience examining injury cases and explaining available options. To learn more about what may apply to your situation, you can speak with our team today.
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.
