Car Accidents
Does Delaware's New 20 mph Residential Speed Limit Matter if I Was Hit in My Neighborhood?
Short answer: Only on streets where the new signs are up. Delaware’s HB 363, signed September 8, 2026, lets the agency that owns a residential street set its limit at 20 or 25 mph. A lower limit can’t be enforced until new signs are posted. Either way, a driver’s speed can be evidence of carelessness, but it doesn’t decide fault by itself.
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What Delaware’s new residential speed law actually says (HB 363)
Delaware’s HB 363 changed 21 Del. C. § 4169. The residential limit is now “20 or 25 miles per hour in any residence district, at the discretion of the agency owning the roadway.”
Governor Meyer signed HB 363 on September 8, 2026, as 85 Del. Laws c. 488 (signing record), and it took effect right away. But under the enacted text, a lower residential limit “may not be enforced until the agency or entity with responsibility for the roadway has posted new signage.”
As introduced, the bill would have made 20 mph the statewide rule. Lawmakers amended it, so the lower limit is optional, road by road.
Most neighborhood streets count as a “residence district” under § 101: a road where at least half the property along 300 feet or more is homes.
What changed and what didn’t
| Question | Before Sept. 8, 2026 | After HB 363 | Source |
|---|---|---|---|
| Residential speed limit | 25 mph | 20 or 25 mph, chosen by the road’s owner | 21 Del. C. § 4169(a)(2) |
| When a lower limit can be enforced | n/a | After new signs are posted | HB 363, Section 3 |
| Business districts | 25 mph | 25 mph (unchanged) | § 4169(a)(1) |
| School zones | 20 mph where signed | Unchanged | § 4169(a)(3) |
| Duty to drive a reasonable speed | Yes | Unchanged | § 4168(a) |
| Shared-fault rule | Modified comparative fault | Unchanged | 10 Del. C. § 8132 |
| Injury lawsuit deadline | Generally 2 years | Unchanged | 10 Del. C. § 8119 |
Who decides, and how to tell which limit applies on your street
In Delaware, the road’s owner makes the call: usually DelDOT, or a city or town for its own streets. A town changing a state-maintained road needs DelDOT’s approval (§ 4170(c)).
The practical rule: go by the posted sign. A lower residential limit can’t be enforced until new signs are posted.
Does a driver’s speed matter in an injury claim?
Yes. Delaware’s speed law says that where no special hazard exists, “any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful” (§ 4169(a)).
The limit isn’t the only rule. Under § 4168(a), drivers must keep a speed that is “reasonable and prudent under the conditions.” Section 4144 requires “due care to avoid colliding with any pedestrian” and “proper precaution upon observing any child.” A driver under the limit can still be careless.
Speeding can be evidence that a driver was careless, but it doesn’t automatically decide who is responsible. The question is whether the driver’s conduct caused the crash and your injuries.
What if I was partly at fault?
Fault can be shared in Delaware. Under 10 Del. C. § 8132, your claim isn’t barred if your negligence “was not greater than the negligence of the defendant or the combined negligence of all defendants.” Any recovery is reduced by your share.
Pedestrians have duties too. Under Delaware’s pedestrian rules, someone crossing outside a crosswalk must yield to vehicles. Drivers must yield to people on sidewalks.
Who pays medical bills if a car hit you while walking or biking?
Often, Personal Injury Protection (PIP) pays first. Delaware PIP, under 21 Del. C. § 2118, generally pays covered medical bills and lost earnings regardless of fault. If a Delaware-insured vehicle hits you while you’re walking in Delaware, that vehicle’s PIP may cover you. Your own household’s Delaware auto policy may also apply in some situations. Limits and rules apply.
If you were on a bicycle, PIP may also cover you depending on the facts, so get advice. (See our Wilmington bicycle accident lawyers page.)
For losses beyond PIP, you may have a claim against the driver’s insurance or your own uninsured/underinsured coverage. Learn how Delaware no-fault PIP works after a crash.
What to do after you’re hit on a neighborhood street
See also our Delaware pedestrian and bicycle accident guide.
- Get medical care. Call 911 if anyone is hurt, and follow your provider’s advice.
- Call the police and ask for the report number. Our Delaware car accident guide has a full checklist.
- Photograph the speed limit signs, or the lack of them. Get a close-up of the nearest sign in the direction the driver came from, plus a wider shot showing where it stands. No sign? Photograph that stretch of street. Signs can change later, so photos from that day matter.
- Write down the date, time, and exact location (street and nearest house number or intersection).
- Capture the scene: crosswalks, sidewalks, parked cars, lighting, and vehicle damage.
- Get witness names and numbers. Ask neighbors soon about doorbell cameras; many record over old footage.
- Keep it factual with insurers. Don’t guess at speeds or fault. Talk with a lawyer before you sign anything.
How long you have to file
Delaware generally gives you two years from the injury to file a lawsuit, under 10 Del. C. § 8119. Claims for children or involving a government vehicle can follow different rules. See the deadline to file a Delaware car accident injury lawsuit.
Does my case count?
If you were hurt and a driver’s speed or carelessness may have caused it, it may be worth a conversation. You’ll get a straight answer, including when the answer is no. Learn about our Delaware car accident lawyers.
Frequently asked questions
Delaware lowered the residential speed limit to 20 mph. Does that matter if I was hit by a car in my neighborhood?
It can, but only where 20 mph signs are posted. HB 363 lets the agency that owns a residential street choose 20 or 25 mph, and a lower limit can’t be enforced until new signs go up. Either way, a driver’s speed can be evidence of carelessness, but it doesn’t decide fault by itself.
What is the speed limit on residential streets in Delaware now?
It’s 20 or 25 mph, depending on the road. Under 21 Del. C. § 4169(a)(2), the agency that owns the road decides. A lower limit applies only after new signs are posted, so go by the posted sign. School zones stay at 20 mph where signed.
What is Delaware HB 363?
HB 363 is Delaware’s 2026 residential speed limit law. Signed September 8, 2026, as 85 Del. Laws c. 488, it lets the agency that owns a road set 20 or 25 mph in a residence district. The introduced version would have made 20 mph mandatory statewide; the final law made it optional.
If there’s no 20 mph sign, is the limit still 20?
No. The law says a lower residential limit can’t be enforced until the agency responsible for the road posts new signs. Drivers must still go a “reasonable and prudent” speed for the conditions under 21 Del. C. § 4168, especially around pedestrians and children.
If the driver who hit me was speeding, are they automatically at fault?
Not automatically. Speeding can be evidence that a driver was careless in an injury claim. But the claim still depends on whether the driver’s conduct caused the crash, and on what everyone else did. Under 10 Del. C. § 8132, fault can be shared, and any recovery is reduced by your share.
I was walking when a car hit me. Who pays my medical bills?
Often PIP pays first. Delaware PIP, under 21 Del. C. § 2118, generally covers medical bills and lost earnings regardless of fault. If a Delaware-insured vehicle hit you while you were walking in Delaware, that vehicle’s PIP may cover you, and your household’s own policy may apply in some situations. Limits apply.
How long do I have to file a claim after being hit by a car in Delaware?
Generally two years from the date of the injury, under 10 Del. C. § 8119. The new speed law didn’t change that. Claims for children or involving a government vehicle can have different rules, so get advice early if either applies.
Talk with Murphy & Landon
If a car hit you or a family member on a Delaware street, a conversation can help you understand whether speed, signs, or insurance matter. Nobody will pressure you to sign anything. Call 302-472-8100 or send a message.
The conversation is free. If we take your case, the fee is a share of what we recover, agreed in writing first. If we recover nothing, you owe no attorney fee.
This page is general information about Delaware law, not legal advice for your situation. Laws and insurance policies change; confirm the current Delaware Code and your policy language before relying on any summary. Reading this page does not create an attorney-client relationship.