Time limits apply in Delaware. Find out if you still qualify.
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Verified against court records, regulatory records, and peer-reviewed research.
Last reviewed against primary sources: June 12, 2026
Statute of Limitations
Delaware has a 2-year statute of limitations for personal injury from truck accidents (10 Del. C. § 8119). Modified comparative fault with 51% bar. Claims against DelDOT or other state entities require written notice within 6 months of the accident. Delaware's Small Claims Court handles claims up to $25,000, but all serious truck injury cases should be filed in Superior Court.
2 years from date of accident
Exposure in Delaware
Source: DelDOT Commercial Vehicle Data 2024
Source: NHTSA FARS 2024
Source: Delaware DOT Traffic Data