// JURISDICTION / DE
Truck claims
in Delaware.
Delaware follows modified comparative negligence — recovery is barred if you are more than 50% at fault. Otherwise, damages are reduced by your fault percentage.
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Delaware has a 2-year deadline. Evidence disappears in days.
2 years
Two years from the date of injury under 10 Del. C. § 8119.
Modified comparative negligence (51% bar)
Delaware follows modified comparative negligence — recovery is barred if you are more than 50% at fault. Otherwise, damages are reduced by your fault percentage.
Maximum recovery
No general cap on compensatory damages.
Pre-suit notice
Claims against the State of Delaware must follow the State Tort Claims Act notice procedures.
10 Del. C. § 8119
Cite this statute when documenting your claim. Your attorney will work from this authority.
State practice
I-95 is a major freight artery through Delaware. State police commercial vehicle enforcement records can support FMCSA-violation theories.
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More on truck accident claims in Delaware:
- Major commercial carriers operating in Delaware → — Amazon, FedEx, UPS, Walmart, USPS and more, with carrier-specific liability rules.
- Truck accident injury claim guides → — from soft-tissue and broken bones to catastrophic and wrongful death.
- Start your Delaware truck accident claim review → — a specialist licensed in your state will respond within 24 hours.