Delaware Personal Injury Lawyer Ben Schwartz recognized by PA/DE Superlawyers Magazine

Delaware Personal Injury Attorney Benjamin Schwartz was named to PA/DE Superlawyers Magazine this past week. Mr. Schwartz was recognized for his dedication to his craft, representing people injured and the families of those killed by careless and reckless conduct. Mr. Schwartz focuses his practice mainly on automobile accident personal injury and wrongful death civil litigation in the Delaware Superior Court and United States District Court in the District of Delaware (Wilmington, DE).

To view Mr. Schwartz’s profile on the Superlawyers website, please click this link:

Superlawyers magazine profile.


Don’t skimp on automobile insurance — your kids may be the ones who need it after a serious car accident

Don’t victimize your kids by skimping on auto insurance!

ben-schwartz-workingI have had a number of Delaware car accident personal injury and wrongful death cases recently where parents unknowingly harmed their kids by skimping on auto insurance. Here are a few of examples:

1. Mother insured her vehicle with a Delaware minimum limits ($15,000) insurance policy. Her boyfriend was driving her somewhere in her vehicle. He ran a red light and pulled out in front of an oncoming truck. She was killed. Her children split a $15,000 insurance settlement. They each got about $3,000 for the loss of their mother.

2. Dad bought auto insurance for his son’s vehicle. He waved uninsured motorist coverage. Son had a very severe accident with an uninsured motorist. Not only did Son not get anything from the at-fault driver who was uninsured, but he got nothing from his own insurance company either. He could have had a million dollar Uninsured Motorist claim if Dad hadn’t waived coverage!

3. Dad had a $300,000 auto policy. When son turned 16, Dad bought him a vehicle and set up a new policy with a $100,000 limit. Son was then in an accident with catastrophic injuries. When they made claims with the insurance companies, they found out that the son was excluded from coverage on the Dad’s $300,000 policy. They thought he would have been included so that the son would have the benefit of both policies, but he wasn’t! The $100,000 limit was nowhere near enough to even begin paying medical bills.

These are just three examples of how insurance companies have taken advantage of parents who didn’t take time to learn about what they were doing. The insurance companies were happy to accept the policy premium payments from the parents, but when it came time to pay out to the kids for their losses from these very serious Delaware car accident cases, the insurance companies didn’t have to pay what they should have.

In the rush to get you to switch from your insurance company to theirs, the insurance companies cut out all types of important coverage. They leave you with a policy that does not provide you the coverage that you need.

When you buy discounted auto coverage, you should know that you may be leaving your kids hanging (as well as yourself). Rather than spending 15 minutes to try to save 15% on your auto coverage, why not visit a qualified insurance broker? Have the insurance broker review your coverages with you to make sure that you understand what you’re getting… and more importantly, understand what you are not getting.

Ben Schwartz



US Route 13 Car Accident South of Dover Claims Harrington Woman’s Life

A car accident on Southbound US Route 13 early this morning took the life of fifty seven year old Harrington, Delaware resident Judith Candalino. According to news reports, Candalino was driving slowly or stopped in the right hand lane south of Walnut Shade Road when her 1994 Pontiac Sunbird was rear-ended by a 2000 Chevrolet Tahoe. The Sunbird was pushed forward 133 feet before coming to rest in the roadway. The Tahoe overturned off the right side of the roadway. Candalino was reportedly not wearing her seatbelt. Pictures of the accident may be viewed at the Fire In The Hole Photography website.
This accident underscores two things in my mind. The first is the absolute necessity of wearing a seatbelt. The second is that when driving, you should seek to not fall into your comfort zone. Expect the unexpected. It’s when you get comfortable that you are least prepared for the unexpected, such as a vehicle that has slowed or stopped upon the highway. Be safe out there!

Ben Schwartz is a Delaware car accident injury attorney. He represents those injured and the families of people killed in automobile accidents in Delaware. If you need to speak to an accident attorney in Dover, DE or Wilmington, DE, please contact Ben at

New report indicates legalization of medical marijuana decreases fatal car accidents

I posted recently about a article suggesting that a little marijuana made drivers safer on the road (here). Well, another study has come out suggesting that legalization of the drug actually has resulted in a statistically significant decrease in fatal car accidents. According to the report, legalization of marijuana has resulted in:
A 6.4% decrease in fatal wrecks that did not involve alcohol,
A 12% decrease in accidents resulting in death where the was a positive blood alcohol content (BAC), and
A 14% decrease in high-BAC fatal automobile accidents.
The study concludes that marijuana is a substitute for alcohol, rather than a complement to alcohol.
The authors do not conclude that driving under the influence of marijuana is safer than driving under the influence of alcohol. But the study is consistent with the earlier Slate article which suggested that high timers are more aware of their impairment, whereas drunk consumers of alcohol lose the awareness of their own impairment, making drunks more likely to drive and crash.
Here’s my take on this: after rollin’ a big fat joint and smoking up, your average pot smoker is not going out driving. Maybe they’ll lay on their sofa, eat Doritos and watch Ice Road Truckers, but they’re not actually going out to drive a tractor trailer and cause a crash and kill or injure someone. Of course legalizing medical marijuana reduces the overall number of car accident deaths. BUT… That’s not to say driving high is safe or a good idea. Anything that slows your reflexes cannot make you a safer motorist. In fact, studies suggest that driving high more than doubles the risk of being involved in a fatal crash (click here). Bottom line: don’t drink and drive, and don’t smoke marijuana and drive either.


Benjamin A. Schwartz represents people injured and the families of those killed by careless, reckless and impaired motorists who drive drunk, or who consume drugs such as pot and drive. If you were victimized by such a motorist, contact Ben for a free consultation to learn your legal rights.

Schwartz & Schwartz wants you to know that the views and opinions in this article are Ben Schwartz’s alone, and do not represent the views of the Firm or other attorneys who are members of the Firm.