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This content is for informational purposes only and is not intended to provide legal advice.
You’re probably one of the several million consumers receiving deliveries from Amazon Flex drivers. Not sure what Amazon Flex is? Think of it as a rideshare program for your Amazon deliveries.
With it, drivers use their personal vehicles to get your packages to your front door. Flex drivers get to make extra money and you get your packages a little sooner. Seems like a win-win situation for everyone, at least until an accident occurs.
Being involved in a collision means determining liability in a GA car accident with an Amazon Flex driver. Sometimes, it’s a breeze and other car accidents are a tad more complex. To make it a bit easier to get through the claim process, we’re looking at how the Peach State figures out who to blame for a vehicle collision.
Who Can Be Liable in an Accident With an Amazon Flex Driver?
Since Georgia follows at-fault insurance rules, the individual responsible for the accident is liable for any damages. While this sounds pretty simple, it can be a little more complicated.
Georgia is also a modified comparative negligence state and this means more than one party can be responsible for an accident. This doesn’t necessarily mean you can’t file a personal injury claim if you’re assigned some of the blame.
You can file a personal injury claim if you’re found to be partially responsible for the accident, as long as you’re not assigned more than 50% of the blame. Your settlement amount will reflect your percentage of the blame. Instead of receiving the full amount, your settlement is reduced by your percentage of fault. So, who can be responsible for a vehicle accident in Georgia?
- The Amazon Flex driver
- Amazon Corporation
- The car or vehicle parts manufacturer
- Vehicle maintenance shop
The government entities responsible for maintaining road conditions may also be liable in an Amazon Flex vehicle accident.
Determining Liability in an Amazon Flex Accident Case
When you’re filing an injury claim you need to know who to name as the responsible party. No, you can’t make an educated guess or simply fall back on naming the Amazon driver. You must be able to prove the at-fault party is negligent.
What’s negligence? There are four elements of negligence, duty, breach of duty, causation, and damages. To put it in simple terms, you must prove the at-fault party owes you a duty of care and breached this duty. In a truck accident where the driver is at fault, you need to prove their actions placed other motorists at risk and they didn’t correct their behavior.
Speeding is an example of a breach of duty. Causation refers to showing the driver’s actions caused the accident. When it comes to damages, you need to show your injuries are the result of the accident.
Remember, other parties can also be negligible. The car driver isn’t always the one at fault for the accident.
Investigation
Determining liability in a car accident usually starts with an investigation. This isn’t an investigation performed by you or your attorney. Instead, law enforcement usually handles accident investigations. They will examine the accident scene, conduct interviews with involved parties, and possibly even bring in a reconstruction expert.
Amazon may also conduct its own investigation but this is usually to try and limit their liability. A good tip is to never accept their version of events without getting a second option.
Steps to Take After Being Involved in an Accident with a Commercial Truck
After being involved in an accident with a Flex driver, you may not be able to do anything except focus on your recovery. Injuries can be severe after an accident. However, there are still some things you can do to help protect your injury claim.
File an Accident Report
This shouldn’t be a problem regardless of your injuries. Georgia law requires you to report all accidents involving commercial vehicles. This usually includes Amazon Flex drivers. Remember, the driver is working for a large company even though they’re using personal vehicles. The law also requires you to immediately report any accidents resulting in injuries or fatalities.
Your accident report will contain a lot of vital information that can help support your version of the accident. Most reports even contain diagrams that show how the accident probably happened. You can usually get a copy of your report within seven to ten business days.
Don’t Talk to an Insurance Adjuster
You can talk to an insurance adjuster from the at-fault driver’s provider, however, just keep your statements brief. Don’t allow the adjuster to record your conversations. Remember, the insurance company can use anything you say against you.
Don’t be surprised if the insurance company has a settlement offer. Yes, you’re still trying to calculate your damages so it can be a little surprising to be offered a settlement amount. Even though the settlement may seem like a lot, it’s still a good idea to refuse the initial offer. You’re still trying to figure out the extent of your damages.
If you take the settlement now, you can’t file another accident claim. Your case is considered closed as soon as you accept the settlement.
Gather Your Supporting Documentation
You’re going to need more than an accident report to support your personal injury claim. The type of documentation needed will depend on your damages. You’ll need your medical records if you’re seeking damages for injuries. If your property is damaged, then save your bills, receipts, and repair/replacement estimates.
Since injuries sustained in trucking accidents tend to be severe, you may miss work. You can usually claim lost income, but you need to supply the insurance adjuster with bank statements and recent pay stubs. Your claim may also include non-economic damages. This can include your pain, suffering, and mental anguish. Expert testimony may be necessary to support your claim for non-economic damages.
Retain a Georgia Personal Injury Attorney
If you’re involved in an accident with an Amazon Flex driver, you don’t want to go through the process alone. You need legal representation to help you handle the company’s attorneys and insurance adjusters. Your attorney can help you prove negligence and ensure you receive compensation for your damages.
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