Delaware Distracted Driving Accident Lawyer

Q: How do you get the other driver's phone records?

Through subpoenas and discovery once suit is filed. Preservation demands must be sent quickly before carrier record cycles delete the data.

Q: Is a hands-free ticket enough to win my case?

A citation helps but is not required. Distraction can be proven through circumstantial evidence, phone data, and testimony even when police issued no ticket.

Q: What if I was partly at fault too?

Delaware's comparative negligence rule (10 Del. C. Section 8132) lets you recover as long as your share of fault is not greater than the defendants'.

Delaware bans handheld phone use behind the wheel: under 21 Del. C. § 4176C, drivers may not use a handheld cell phone, tablet, or other electronic device while their vehicle is in motion. When a texting driver hits you, that violation — and the digital trail it leaves — becomes the backbone of your injury claim.

Distracted Driving Claims: Key Facts

Handheld use is illegal: Delaware has banned handheld device use while driving since 2011; fines start at $100 for a first offense (21 Del. C. § 4176C).
The evidence exists: Cell phone records, app usage logs, and infotainment system data can prove exactly what a driver was doing at impact – if preserved quickly.
Violation supports negligence: Breaking the hands-free law is strong evidence the driver breached their duty of care.
Deadline: 2 years to file suit (10 Del. C. § 8119), but phone data can vanish in months.

How We Prove Distraction

Drivers rarely admit they were on their phone. We send preservation letters immediately, subpoena carrier records in litigation, and use crash timing, witness accounts, and roadway evidence (no braking before impact is a classic distraction signature) to prove the driver’s attention was on a screen. Rear-end crashes, drifting across lanes on I-95 or Route 1, and intersection run-throughs in Wilmington, Newark, and Dover are the most common distracted-driving patterns we see.

Distracted Driving FAQs

How do you get the other driver’s phone records?

Through subpoenas and discovery once suit is filed. The key is acting fast – we send preservation demands to the driver and their carrier before records cycles delete the data.

Is a hands-free ticket enough to win my case?

A citation helps but is not required. We prove distraction through circumstantial evidence, data, and testimony even when police issued no ticket.

What if I was partly at fault too?

Delaware’s comparative negligence rule (10 Del. C. § 8132) lets you recover as long as your share of fault is not greater than the defendants’ – your award is reduced by your percentage.

Hit by a distracted driver? Call (302) 297-7775 today so evidence can be preserved. Free consultation, no fee unless we recover.