Delaware Auto Accidents: Do’s & Don’ts

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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What should you do, and what shouldn’t you do, after being involved in an auto accident in Delaware? We asked James Folsom, a Delaware attorney with over 30 years experience whose practice focuses on personal injury claims, to provide accident victims with the do’s and don’ts.


  • Cooperate with the police. Give the police officer your version of what happened. Cooperate with them, tell them what happened and then go to your lawyer.
  • Make notes. Make notes of what happened because that’s exactly what the police are doing. So, if you write down your version of the accident, you will remember it better later on. If you sit down and just make up a little narrative such as, ‘I was driving this way and she ran the stop sign, and then I think she was talking on her cell phone while she was driving.’ Well, nobody may remember that she was talking on the cell phone. However, if you saw it and made a note of it, it will give investigators something else to go on.


  • Don’t give statements to the other insurance company. That’s for your lawyer and you to know.
  • Don’t try to resolve the matter on your own. There’s always the possibility that your case may go to trial. Even if it doesn’t, we try and base our settlement on what we believe a jury would do had you gone to a trial. A layperson doesn’t know what to expect in these situations – and it shows. Statistics show that the people who settle cases by themselves get a lot less money than people who hire a lawyer to do it.

If you’ve been injured in a car accident, contact an experienced car accident attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.

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