$16.2M Verdict: Amazon Liable for Delivery Van Crash Child Injury

A Georgia jury awarded $16.2 million to a family in a personal injury lawsuit involving Amazon Logistics and Fly Fella Logistics.


A recent legal case has spotlighted Amazon’s liability when a delivery van, operated by one of its contractors, struck and severely injured a child riding an electric bike, leading to serious, lifelong injuries. The jury held Amazon 55% responsible, attributing negligence to the company for inadequate training of its drivers, while the driver was found 45% at fault.

This landmark ruling emphasizes the need for greater accountability in how Amazon manages its expansive delivery network. The decision marks a significant moment in legal history, reflecting a broader trend toward holding corporations accountable for their contractors’ actions within the rapidly growing e-commerce and delivery sectors. This precedent could influence future legal challenges regarding corporate oversight of independent contractors.

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If an individual is injured because of the actions of another, she may be able to recover her damages if she can prove that the other person was negligent. As mentioned in previous posts, to prove that another person has acted negligently, you generally must demonstrate that the person acted unreasonably under the circumstances, which can sometimes be hard to do.

Under Georgia state law, one way you can prove unreasonable conduct is to show that the Defendant violated a statute. For example, let’s assume that the Defendant was speeding or ran a red light. As a result, the Defendant caused an auto accident, and another driver on the road was injured. We all know that both speeding and running a red light are against the law in every state in the United States. However, that does not automatically mean that the Defendant is liable for the Plaintiff’s injuries under the doctrine of negligence per se. Instead, you have three requirements to prove to invoke the doctrine:

 

  1. The injured Plaintiff must be within the class of persons that the law was intended to protect. In the case of the speeding car, the law against speeding was designed to protect drivers. Therefore, if another driver is hit by a speeding car, she is within the class of people the statute is designed to protect.
  2. Again, in the case of the speeding car, the law was intended to protect against people suffering an injury as a result of an automobile accident. Because the Plaintiff was injured in a car accident, she suffered the type of harm the statute was meant to protect against.
  3. Finally, you have to show that the Defendant’s violation of the statute was not excused. In other words, if the Defendant has an excuse for breaking the law, the doctrine of negligence per se will not apply. In the case of the speeding car, if the Defendant was speeding because he was rushing to the hospital to save a dying passenger in the vehicle, his conduct may be excused, and negligence per se will not apply. However, if there was no excuse for his speeding, the Plaintiff may be able to prove negligence per se and avail herself of the doctrine to prove that the Defendant owed her a duty of care to drive at the speed limit, and he breached that duty of care by recklessly driving over the speed limit.

Here’s the twist: Just because a Plaintiff can prove negligence per se does not mean that the Plaintiff automatically wins her negligence case. Rather, she must also still prove causation and damages. For example, if the accident was caused because the Plaintiff swerved to avoid a hazard in the road and not because the Defendant was speeding, then the Defendant will not be liable for negligence because the Plaintiff cannot prove both actual and proximate cause.

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Data on Where Most Automobile Accidents Take Place

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Sadly, they’re subsequently subjected to the risk of an accident in the hands of a negligent driver, which can result in damage to their care, harm or death. Nevertheless, in order to effectively protect themselves, it is important that passengers and drivers likewise know about the data on where most automobile accidents take place.

Where do Most Car Accidents Occur?
Generally speaking, although an auto accident can occur at any given moment and place, statistics on where most automobile accidents take place show that the three most common areas where a car crash will probably happen are the immediate neighborhood, parking lots, as well as the driver’s daily commute to and from work. Are these the areas where most motorists spend most of their time, but they are also the areas which are likely to see meetings with negligent or preoccupied drivers.

Driving Near Home
According to some insurance surveys, at least 52 percent of all accidents occur within five miles of the motorist’s dwelling. Additionally, residential areas might not have streetlights or traffic control signs, especially in old neighborhoods. Finally, drivers are most commonly in these neighborhoods at the beginning or ending of the workday, when their attention is likely to be distracted by other issues.

Parking Lots and Accidents
An extensive range of injuries happen in the parking lots in America. Low speed crashes are typical in these areas because many drivers are distracted. Furthermore, the presence of a significant number of pedestrians, a lot of whom aren’t paying attention to their surroundings, raises the possibility of an injury. While many injuries in a parking lot are not major, the potential for injury or death at the hands of a negligent motorist is a serious danger for pedestrians and vehicle occupants alike.

The Daily Commute
Most morning and evening commuters face busy roads and defeated or tired drivers. Due to this, auto accidents can be very common, especially during periods of inclement weather.
Data on where most car accidents take place reveal that a motorist should be mindful at all times when behind the wheel. However, should a negligent motorist cause an injury, then the victim should promptly get legal aid that is proficient. This is particularly significant for instances where an accident has resulted in severe harm or death. Due to this, it’s imperative that people who’ve been engaged in an accident immediately contact the law offices of Haug Law Group as a way to determine what their legal alternatives are.

Accident Compensation Lawyers

Accident Compensation Lawyers

If you or a loved one are injured in an accident, many types of compensation may be available regardless of whether the injury is caused by a car wreck, premises liability incident (such as a “slip and fall“), or medical malpractice. This article will generally discuss a few of the major types of compensation that an accident victim may legally recover.

Obviously, because an injured person will need medical care, medical expenses are the most commonly-claimed form of compensation. A claimant may recover the costs of treatment from a hospital, doctor, ambulance, chiropractor, physical therapist, pharmacy or other similar medical provider. These costs are usually relatively simple to determine because the patient will receive a bill.

There are two important things to remember about compensation for medical costs. First, a claimant may recover not just the cost of medical care already received, but also the cost of future medical care, as long as the claimant can prove it is more likely than not that they will receive that treatment in the future.  For example, if a doctor agrees that a claimant will probably need a future surgery for accident-related injuries, the claimant has a good argument that the cost of the surgery should be recovered now.  Second, a claimant may recover the amount of his or her medical bills even if they were paid by health insurance or some other source.  This rule is based on the idea that a defendant who injures someone else should not be allowed to “take credit” for payments made by someone else.

Lost wages are also recoverable.  If an accident has left someone unable to work, he or she can seek compensation for the income they lost as a result.  Another type of compensation similar to this is that for “loss of future earnings“ or “diminished earning capacity.”  This refers to situations where a claimant’s injuries will prevent him or her from returning to work at their full pre-accident capacity.

Most people have heard of compensation for “pain and suffering.”  Unlike medical bills or lost wages, there is no set formula to determine the dollar amount of a person’s pain and suffering, so a jury must determine the amount.   This is why this type of compensation is often referred to as “non-economic damages.”  Insurance companies often fight hard on this issue.  An experienced personal injury attorney knows how best to convince an insurance company that a jury is likely to award a large amount for pain and suffering.

While the types of accident compensation discussed here are the most common, there are other types a claimant may recover.  This is why it is in an injured person’s best interest to hire an experienced car accident attorney.  If you or a loved one have been injured in an accident, do not try to go it alone.  Consult an attorney in your area to ensure that you have the best chance of recovering all the compensation to which you are entitled.

Data on Growth of Injury Fatalities Due to Mobile Phone Use in Previous Years

Data on Growth of Injury Fatalities Due to Mobile Phone Use in Previous Years

The increasingly ubiquitous nature of cell phones, particularly cell phones with advanced capabilities for example other applications that are diverting or video chat, has had a dangerous effect of America’s roads. Data on growth of injury fatalities due to mobile phone use in previous years show that the misuse of cell phones by passengers and motorists has resulted in a growing amount of preoccupied driver caused injuries, a lot of which have resulted in one or more fatalities.

The Causes of Cell Phone Related Accidents

In fact, the World Health Organization (WHO) has determined that conversations with passengers in the automobile are actually less risky than speaking or operating a mobile phone. Many cell phone based mishaps occur for these reasons:

— Texting while driving has been shown to be extremely dangerous.

— Many phones allow the use of amusement or social based apps, which can certainly divert the driver.

In many cases, a motorist might be participated in more than one high-risk action in precisely the same time, such as talking on a cellphone reading or while also sending a text message. This is particularly common among younger drivers, who are already at a greater danger of being involved in a severe traffic accident.

The Increasing Number of Phone Connected Fatality Accidents

Now, the amount of fatalities due to cell phone abuse remains cloudy as not all bureaus report whether or not driver cell phone use proved to be a contributing factor to the accident. However, the National Highway Traffic Safety Administration (NHTSA) noted that in 2004 there were 4,978 fatalities that could be ascribed to preoccupied drivers. By 2008, this amount had increased to about 5,870 16 percent of all vehicular fatalities for that year.

The Legal Relevance of Identifying Distracted Drivers

A motorist is responsible for the safe operation of their vehicle. The statistics on increase of accident fatalities due to cell phone use in past years are so responsible, and demonstrates that lots of drivers are failing to participate in safe driving practices for virtually any injury that results from their activities. By identifying a driver who caused an accident due to her or his irresponsible mobile phone use, the legal help they need to obtain powerful damages for their loss can be secured by the sufferer’s family. When representing the casualties, a lawyer will perform the following actions:

— Obtain any texting or phone records to demonstrate that the cell phone was being operated by the driver at the time of the accident.

— Show the dangers of distracted.

— Use the very fact that the motorist was at fault to efficiently negotiate with the driver’s insurance companies or legal representation.

Ultimately, statistics on increase of injury fatalities due to cell phone use in past years help it become clear the sufferers of these irresponsible motorists must ensure effective legal help. By contacting the law offices of Haug Law Group, people who have endured the loss of a loved one can have the compensation they deserve.