Delaware Car Accident Laws: Your Legal Duty After an Accident

Understand your legal duties after a Delaware car accident so you can avoid potential legal complications.

All Delaware motorists have legal obligations after a car crash. Unfortunately, not complying with your duties can result in severe consequences. Protect yourself now by learning what you need to do following an accident.

Continue reading to learn more about your legal duties after a car crash in Delaware. You can also review Chapter 42 of the Delaware Motor Vehicle Code for additional information.

1. Delaware Driver Exchange of Information Law

In Delaware, if you get into a car accident that causes property damage, injury, or death, you must stop your car immediately. Make sure you don’t block the flow of traffic unless it’s absolutely necessary.

Then, give your name, address, and vehicle registration number to the other people involved in the accident. You also will need to display your driver’s license.

The driver of any vehicle involved in a collision resulting in apparent damage to property shall immediately stop at the scene of the collision. Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary.

The driver shall give the driver’s name, address and the registration number of a vehicle and exhibit a driver’s license or other documentation of driving privileges to the owner of the property or the driver or occupants of any vehicle with which the driver’s vehicle collides.

DE Code § 21-42-4201

The driver of any vehicle involved in a collision resulting in injury or death to any person shall immediately stop at the scene of such collision. Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary.

The driver shall give the driver’s name, address and the registration number of the driver’s vehicle and exhibit a driver’s license or other documentation of driving privileges to the person struck or the driver or occupants of any vehicle collided with.

DE Code § 21-42-4202

2. Delaware Car Accident Injury Law: Duty to Render Aid

After a car crash in Delaware, you have a duty to provide “reasonable assistance” to anyone hurt in the accident. You can fulfill your obligation to render aid by either transporting an injured person to receive medical attention or calling for assistance and waiting until the police or an ambulance arrives.

The driver of any vehicle involved in a collision shall render to any person injured reasonable assistance, including the carrying of such person to a hospital for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person, or by contacting appropriate law-enforcement or emergency personnel and awaiting their arrival.

DE Code § 21-42-4202

3. Delaware Law on Reporting a Car Accident to Police

In some situations, you are required by law to report an accident to the nearest Delaware law enforcement agency.

First, you must report the crash if anyone gets hurt or killed, or if there appears to be property damage of $2,000 or more. You also have to report any accident to the police if it appears a driver was impaired by drinking or drugs.

The driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred:

  • When the collision results in injury or death to any person;
  • When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more; or
  • When it appears that any collision involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.

DE Code § 21-42-4203

What if I Fail to Report an Accident in Delaware?

Failing to report any Delaware crash when legally required to do so can result in a fine between $25 and $75. If you failed to report another accident within the past two years, the penalty can rise to between $57.50 and $95 the second time around.

Whoever violates this chapter shall for the first offense be fined not less than $25 nor more than $75. For each subsequent like offense, the person shall be fined not less than $57.50 nor more than $95. All second offenses shall have been committed within 24 months after the commission of the first offense.

DE Code § 21-42-4205

4. Delaware Car Accidents With No Injuries: Your Legal Duty

If you are involved in a Delaware car accident resulting in property damage, you must stop your vehicle and ensure that the crash did not injure or kill anyone. If no one was hurt, you must move your car as far out of the flow of traffic at the scene of the accident as possible.

You then must exchange information with the other people involved in the crash. If the property damage exceeds $2,000, you must also file a police report.

The driver of any vehicle involved in a collision resulting in apparent damage to property shall immediately stop such vehicle at the scene of the collision. Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary.

The driver shall ascertain whether any person involved in the collision was injured or killed. If, there are no injuries or deaths, and if the damaged vehicle is obstructing traffic, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic more than necessary.

If the damage resulting from such collision is to the property of the driver only, with no damage to the person, property of another, or the environment, the driver need not stay at the scene of the collision but shall immediately make a report of the damage resulting as required by §4203.

The driver shall give the driver’s name, address and the registration number of a vehicle and exhibit a driver’s license or other documentation of driving privileges to the owner of the property or the driver or occupants of any vehicle with which the driver’s vehicle collides.

DE Code § 21-42-4201

The driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred:

  • When the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more; or
  • When it appears that any collision involving a driver whose physical ability is impaired as a result of the use of alcohol or drugs or any combination thereof.

DE Code § 21-42-4203

5. What if I Hit a Parked Car in Delaware?

When you hit and damage a parked car, Delaware requires you to stop immediately. If you can find the owner of the parked car, you must provide them with your name, address, and vehicle registration number, and show them your driver’s license or other proof of driving privileges.

You also must file a police report to local law enforcement if it appears the damage from the crash is greater than $2,000. This includes the total damage to both the parked car and your own vehicle.

The driver of any vehicle involved in a collision resulting in apparent damage to property shall immediately stop such vehicle at the scene of the collision. Said stop should be made as close to the scene of the collision as possible without obstructing traffic more than necessary.

If the damage resulting from such collision is to the property of the driver only, with no damage to the person, property of another, or the environment, the driver need not stay at the scene of the collision but shall immediately make a report of the damage resulting as required by §4203.

The driver shall give the driver’s name, address and the registration number of a vehicle and exhibit a driver’s license or other documentation of driving privileges to the owner of the property.

DE Code § 21-42-4201

The driver of any vehicle involved in the following described vehicular collisions shall immediately report such collision to the police agency which has primary jurisdictional responsibility for the location in which the collision occurred when the collision occurs on a public highway and results in property damage to an apparent extent of $2,000 or more.

DE Code § 21-42-4203

It’s vital that you follow your legal responsibilities after a car accident in Delaware. Failing to comply with your duties can result in significant penalties. You can protect yourself and avoid future legal problems by familiarizing yourself with the law now.