Most Johns Creek residents know all about Amazon and its fast one- and two-day delivery. The company can only keep up with demand by hiring many drivers to handle fast shipments throughout the city. Unfortunately, this can mean inexperienced or stressed drivers on the road at all hours—which can lead to accidents.
Serious accidents are too common when fast deliveries are the norm. If you were injured in an accident with an Amazon delivery van driver, you probably need a lawyer. You’ll need to understand your legal rights and whether you deserve compensation.
John Foy & Associates represents Amazon delivery van accident victims throughout Georgia. With over 20 years of experience, we know what it takes to win complicated cases. To discuss your rights with a free consultation, call (404) 400-4000 or contact us online.
Bringing a Case Against Amazon for an Accident
Many Amazon drivers are not actually employees. Like Uber and Lyft, Amazon will use independent contractors to make their fast deliveries. These contractors often use their own vehicles to make deliveries throughout the area.
When a driver is a contractor, it protects Amazon from accident liability. Amazon might be able to avoid responsibility for an accident since they don’t own the delivery vehicle or employ the driver. Unfortunately, this can make it difficult to sue the company if you’re injured in an accident.
To bring a case against Amazon, you will need to prove that the company was negligent. “Negligence” is a legal term for carelessness towards others. Amazon might be negligent in an accident if the company:
- Failed to run a background check on the at-fault driver
- Had unsafe demands for drivers to meet deadlines
- Did not prioritize driver safety
Some Amazon drivers have even sued the company for related reasons. While many people benefit from the fast Amazon deliveries, it’s important to look under the surface. Ultimately, the company could be to blame more than the driver.
Types of Amazon Van Driver Negligence
Sometimes, the driver is responsible for an accident. Amazon has a duty to hire drivers carefully, but drivers must also be careful when driving.
A driver might cause an accident because of:
- Reckless or aggressive driving
- Failure to yield
- Running a red light or stop sign
- Unsafe lane changes or turns
Amazon van drivers deliver throughout neighborhoods. That means an accident could involve a pedestrian, bicyclists, or another driver. In any situation, the injured party might have a case against the delivery driver.
If a driver is at fault for an accident, their insurance company should pay for the damages. To drive for Amazon, drivers should carry at least the minimum liability insurance for Georgia. You can file an injury claim with the insurer for the damages you have.
Amazon Delivery Van Accident Damages
According to the Official Code of Georgia Annotated (OCGA) §51-12-2, there are both special and general damages from an accident:
- Special damages are economic losses, like medical bills, lost wages, and vehicle repair costs.
- General damages are non-economic losses, like pain and suffering, loss of enjoyment of life, and mental anguish.
If an accident involved reckless or wanton behavior, you might also have punitive damages. These damages are meant to punish the wrongdoer rather than provide compensation.
If someone else caused your accident, they are legally liable for your damages. However, you can only receive compensation by filing an injury claim or lawsuit. You’ll also need to prove the party’s negligence and your total damages.
A Johns Creek Amazon delivery van accident lawyer can help. At John Foy & Associates, we leave no stone unturned after an injury accident. That means we’ll consider every loss you have from the accident before building your claim. The goal is to get you the fullest recovery possible for your costs.
How to File a Claim After Your Accident
If the Amazon driver was at fault, Amazon might only pay for the damages if the driver was making a delivery. So, you’ll need to prove that the driver was doing their job when they caused the accident. An experienced lawyer can help you gather evidence of the driver’s shift during the crash.
You’ll also need to gather evidence of the accident and your injuries. You can begin building your case now with the following steps:
Get Information at the Scene
Right after the accident, report the crash to the police. You will need to get a copy of the accident report for your records.
Also, document the scene as much as possible:
- Get the driver’s contact information, license plate number, and insurance information.
- Take pictures of your injuries and vehicle damage.
- Photograph the entire accident scene from different angles.
- Get the names and contact information of any eyewitnesses.
Be Careful What You Say
It’s human nature to apologize after an accident, but avoid saying anything that implies blame. Even if you’re not sure who was at fault, don’t admit any fault without speaking to a lawyer first.
After the accident, the insurance company will look for things to use against you. If you admitted any fault, they might use that to reduce your claim value.
Save Evidence of Your Damages
See a doctor as quickly as possible after the accident. Even if you feel okay, you’ll need evidence of your medical treatment and more.
Also, save all documentation of your losses after the accident. You’ll need to include these in your claim.
Call a Johns Creek Amazon Delivery Van Accident Lawyer
Talk to an experienced lawyer as soon as you can after the accident. You will probably need help from a professional during the legal process. A lawyer can help by:
- Gathering more evidence from the accident
- Determining who was at fault
- Calculating your total damages
- Communicating and negotiating with the insurance company
- Protecting your legal rights through each step
At John Foy & Associates, we know how to handle these types of cases. We’ll help you build a strong injury claim and handle the insurance company. If you cannot reach a settlement, we’re not afraid to take your case to court.
Contact us today for a free consultation. We do not collect a fee unless we win you compensation. Call (404) 400-4000 or contact us online.