Pedestrian Accidents in Delaware: Who Has the Right of Way?
It's a common assumption that pedestrians always have the right of way. In Delaware, that assumption isn't always correct — and getting it wrong can directly affect what you can recover after being hit by a car.
It is a common assumption among drivers and walkers that pedestrians always have the right of way. In Delaware, that assumption is not always correct. Getting it wrong can directly affect your ability to recover compensation after being hit by a car.
The rules around pedestrian right of way in Delaware are more specific than most people realize. Key things that determine fault in a pedestrian versus car accident include where you were crossing, whether a crosswalk was present, what the traffic signals showed at the time, and a variety of other factors that may come into play.
You need to know how Delaware law handles pedestrian right of way accidents and what it means if you or a loved one are hit by a car.
When Do Pedestrians Have the Right of Way in Delaware?
Delaware law gives pedestrians the right of way in three specific situations:
In Marked Crosswalks
Drivers are required to slow down or stop to allow you to cross. This applies whether or not traffic signals are present, and it also applies to drivers making turns at intersections who must yield to pedestrians already in the crosswalk.
At Intersections Without Signals or Painted Crosswalks
Every intersection in Delaware is considered to have a crosswalk, whether it is marked with painted lines or not. When you are crossing at an intersection without traffic signals, drivers must yield.
On Sidewalks
Drivers must yield to any pedestrian on a sidewalk. This most commonly applies when a driver is entering or exiting a driveway, parking lot, or alley and crosses a sidewalk in the process.
When Does the Right of Way Shift to the Driver?
Contrary to popular belief, pedestrians do not automatically have the right of way in every situation. Delaware law places specific obligations on pedestrians as well as on drivers. Crossing a street outside of those designated rules can affect your fault percentage in a claim.
Crossing Outside a Crosswalk
If you cross at any point other than a marked crosswalk or an intersection, you are required to yield to all vehicles on the road. Drivers are not expected to anticipate a pedestrian crossing in the middle of a block.
Between Two Signal-Controlled Intersections
When two adjacent intersections are both controlled by traffic signals, pedestrians are only permitted to cross at a marked crosswalk. Crossing anywhere else between those two intersections puts the right of way with the driver.
Crossing Diagonally
Delaware law prohibits pedestrians from crossing a road diagonally unless traffic control devices specifically authorize it. Doing so shifts fault onto the pedestrian if they are hit.
Stepping Into Traffic Without Warning
Even within a crosswalk, you cannot suddenly step off the curb into the path of a vehicle that is close enough to constitute an immediate hazard. Delaware law views the responsibility to cross safely over the strict right of way.
Can a Driver Still Be Liable Even if the Pedestrian Was at Fault?
Yes. Even when a pedestrian crosses outside a crosswalk or violates one of the traffic rules outlined above, Delaware law still requires drivers to exercise due care to avoid hitting them. A driver cannot simply claim the pedestrian was jaywalking and walk away from liability entirely.
Children and Incapacitated Individuals
When it comes to children or incapacitated individuals, Delaware law specifically requires drivers to take extra precautions, such as sounding the horn or slowing down significantly, even if the pedestrian is not in a designated crossing area.
Here is what happens in reality: in a pedestrian accident in Delaware, fault is not always assigned entirely to one party. Both the driver and the pedestrian may share responsibility, and how that split is determined directly affects what the pedestrian can recover.
How Fault Is Divided in a Delaware Pedestrian Accident
Delaware follows a Modified Comparative Negligence rule, which means a pedestrian who was partially at fault for an accident can still recover compensation as long as their share of fault is less than 51%. The lower the percentage of fault, the more a pedestrian who has been hit can recover.
Where You Were Crossing Sets Your Starting Position
Where you were crossing, whether you followed traffic signals, and how you entered the roadway all factor into how fault is assigned. A pedestrian who crossed at a marked crosswalk with the signal in their favor starts from a much stronger position than one who crossed mid-block without yielding to traffic.
Insurance companies are aware of this and will look for any reason to push the pedestrian's fault percentage up. A higher fault percentage means a lower payout, and in some cases, no payout at all. How the accident is documented and presented from the start directly affects where that percentage lands.
Have You Been Hit by a Car in Delaware?
The insurance company is already building their version of events. Make sure yours is stronger.
What to Do After Being Hit as a Pedestrian in Delaware
The steps you take immediately after an accident directly affect your ability to prove fault and protect your claim. Here is what to do:
- Call the Police A police report is essential. Make sure the officer notes your exact location at the time of impact, that you were in a crosswalk, and the status of any traffic signals. These details are critical for establishing right of way and reducing your percentage of fault.
- Document the Scene Photograph the exact spot where you were hit, any crosswalk markings or lack thereof, traffic signals, skid marks, and vehicle damage. Do this before anything is moved. If you cannot do this yourself, have a friend or trusted individual who is with you at the scene do it.
- Collect Witness Information Bystanders who saw the crash can provide independent accounts of where you were crossing and how the driver was behaving. Get their contact information before they leave.
- Seek Medical Attention Immediately Pedestrian injuries are often more serious than they appear at first. Get evaluated within 24 hours even if you feel fine, and make sure all of your injuries are documented in the doctor's note and tied directly to the crash.
- Do Not Give a Recorded Statement The driver's insurance company may contact you quickly. Do not give a recorded statement before speaking to an attorney. The words you choose to describe the accident can be used against you and may affect how fault is assigned.
- Contact an Attorney Pedestrian accident claims involve specific right of way rules. Insurance companies use these to shift fault onto the victim. The right attorney can make sure your crossing location, the signal status, and the driver's behavior are properly documented and presented in your case.
What The Inkell Firm Does for Pedestrian Accident Victims
Pedestrian accident claims carry a built-in disadvantage. Without a vehicle, a dashcam, or a steel frame around you, the physical evidence is often limited and the insurance company's first move is to question where you were crossing and whether you yielded when you should have.
The Inkell Firm builds pedestrian cases from the ground up, from securing intersection camera footage and crossing signal records to establishing exactly what the driver's duty of care required in that specific situation. We make sure the right of way question is answered by evidence, not by the other driver's account of what happened.
If you were hit as a pedestrian in Delaware, contact The Inkell Firm today for a free consultation.
Frequently Asked Questions
Can I file a claim if I was jaywalking when I was hit?
Yes. Jaywalking does not automatically end your claim. Delaware's 51% rule means you can still recover compensation as long as your share of fault is less than 51%. How the accident is documented and presented matters significantly in these cases — this is why you need an attorney.
What if there was no crosswalk where I was hit?
In Delaware, the law sees an intersection as an implied crosswalk. If you were mid-block, the driver still had a duty to exercise due care to avoid hitting you. If this happened to you, call an attorney.
What if the driver claims they did not see me?
Saying it does not make it true. Their liability is not eliminated just because they say they did not see you. Delaware law requires drivers to always exercise due care, and failing to see a pedestrian in time to avoid hitting them is a failure of that duty.
How long do I have to file a pedestrian accident claim in Delaware?
Delaware's statute of limitations is two years from the date of the accident. If the injured party was a minor, the statute of limitations does not go into effect until they turn 18. But acting quickly is vital as evidence fades fast — in a matter of days, not years. If your child has been hit by a car, call an attorney right away.
Can a child pedestrian file a claim in Delaware?
Yes, and Delaware law places a higher duty of care on drivers when children are near the roadway. If the injured pedestrian was under 18, the statute of limitations is paused until they turn 18, giving them until their 20th birthday to file. But do not wait to initiate a claim — call an attorney immediately.
The Right of Way Question Should Be Answered by Evidence.
A confidential conversation with The Inkell Firm carries no obligation. We secure intersection camera footage, crossing signal records, and establish exactly what the driver's duty of care required.