Car accidents don’t always involve another driver. Sometimes, dangerous road conditions or poor maintenance are to blame. You may be able to hold a government agency or contractor responsible if a hazard caused your crash, but the rules are strict.
When the government can be liable
Delaware law allows claims against government entities when a road hazard directly causes a crash. This includes things like potholes, missing guardrails, unsafe construction zones, or poor drainage. But the state or local agency must have known about the hazard or had enough time to fix it and failed to do so.
If the hazard appeared suddenly, like debris from a recent storm, and no one had a chance to report or address it, liability is harder to prove.
Filing a claim involves special steps
If you believe a state or local agency caused your crash, you must follow specific procedures. Delaware requires you to file a notice of claim within a set time frame, often within two years of the incident. For claims against a city or town, the deadline may be even shorter.
Missing these deadlines can stop your case before it starts. You’ll also need proof that the hazard was avoidable and that the agency had a duty to fix it.
Private contractors and third parties
Sometimes, a private company working on a public road may be at fault instead of the government. If poor signage, unsafe equipment, or careless roadwork led to your auto accident, that company can be held responsible. The rules for suing a private party are less strict, but you still need evidence of negligence.
You can recover damages for things like medical bills, lost wages, and vehicle repairs. But you must show that the hazard wasn’t just present, it was avoidable with reasonable care.