Distracted driving is a major cause of accidents on Georgia roads. When Amazon delivery drivers are distracted behind the wheel, it can lead to devastating collisions. Victims injured by an Amazon driver’s negligence may be able to recover damages, but they face challenges in proving distraction was a factor. Using key evidence and legal strategies, injured plaintiffs can build a compelling case.
Establishing Negligence and Causation
The foundation of any injury claim is demonstrating the at-fault party owed a duty of care, breached that duty through negligent behavior, and directly caused damages. With Amazon drivers, plaintiffs must prove distracted driving breached the duty of reasonable prudence. Cell phone records, eyewitness testimony, and crash forensics can show the delivery driver was texting, talking on the phone, or otherwise diverted when the collision occurred.
Plaintiffs must also draw a solid line from the distraction to the accident itself – for instance, showing the driver drifted out of their lane while looking at a device. Police reports, accident reconstruction, vehicle telemetry, and more can provide causation evidence.
Using Circumstantial Evidence
Since distracted drivers rarely admit fault, plaintiffs often must rely on circumstantial evidence. The precise timing of cell phone activity can be incriminating if it aligns with the moments before a crash. Plaintiffs may request cell tower records to pinpoint the driver’s phone use. Testimony about drifting, delayed reactions, or other erratic driving is also powerful.
Another persuasive clue is when drivers lie about distraction. One strategy is deposition testimony where the attorney probes the facts – inconsistencies in the Amazon driver’s story can suggest a coverup.
Exploiting Company Negligence
Beyond individual driver liability, plaintiffs can pursue Amazon itself for negligent training, supervision, or lax safety policies. Evidence that the company does little to curb distraction among its delivery workforce can be instrumental. Plaintiffs can use internal records, driver testimony, and expert analysis to argue Amazon enabled a distracted driving culture.
This opens a second avenue for holding the multi-billion dollar corporation accountable. Savvy attorneys use the defendant’s deep pockets for leverage in settlement negotiations.
Consulting Experts
Technical experts are invaluable for proving distracted driving. Accident reconstructionists can analyze physics evidence and pinpoint what caused a driver to swerve or leave their lane while delivering parcels in Georgia. Digital forensics experts may recover deleted cell phone activity. Human factors specialists can explain how particular distractions impair driving abilities.
These experts can translate complex data into easy-to-understand visuals and conclusions for the jury. Their credentials also lend credibility to the plaintiff’s arguments.
Proving distracted driving requires dedication and creativity. By leveraging various evidence sources, legal strategies, and experts, injured plaintiffs in Georgia can construct a compelling legal claim against Amazon and its negligent drivers. Thorough case preparation and skillful execution by our experienced lawyers can lead to substantial verdicts or settlements for victims.
We have offices in 32 locations and 19 states, including Georgia, Colorado, and Kansas.
Call now for a free consultation on (888) 477-0597 if you have been hurt in an accident with an Amazon delivery driver.