You typically have two years from the date of the crash to file a lawsuit against Amazon for an accident in Georgia.
While two years may seem like plenty of time, it takes time to build a strong personal injury claim, especially when suing a large corporation like Amazon.
An Atlanta delivery truck accident lawyer from Van Sant Law can help you put together a strong case and pursue compensation for your accident.
What’s the Deadline for Suing Amazon After an Accident in Georgia?
According to Georgia Code § 9-3-33, you generally have two years from the date of a delivery driver accident to file a personal injury lawsuit. If you miss this deadline, the court will likely throw out your case.
A delivery truck accident attorney from Van Sant Law can help you file your claim as soon as possible.
Are There Exceptions to the Deadline?
Though Georgia law generally gives you two years to file a personal injury lawsuit after an accident, your claim may have a different deadline if:
- The victim was under 18: If the injury victim was under 18 at the time of the crash, the statute of limitations will generally be tolled until their 18th birthday.
- The victim was legally incompetent: If the victim was legally incompetent or incapacitated (such as being in a coma or suffering severe cognitive impairment) at the time of the crash, the deadline may be paused until the disability is removed.
- The defendant leaves Georgia: The clock for the statute of limitations may not run while a defendant is absent from Georgia if their absence prevents the lawsuit from being initiated.
- Fraud prevented you from discovering the claim: If the defendant or an insurance entity commits active fraud or intentional deception to trick you into waiting until the deadline expires, the statute of limitations may be paused.
- A criminal prosecution is pending: If there is a related criminal case or investigation against the at-fault driver, the statute of limitations for your civil personal injury claim may be tolled for up to six years.
A personal injury lawyer from Van Sant Law can evaluate your case and explain how long you have to file a claim against Amazon.
Does Filing an Insurance Claim Extend the Deadline?
No, filing an insurance claim does not extend or pause the statute of limitations for a car accident. The clock to file a civil lawsuit keeps running even while you negotiate a settlement with an insurance company.
If the statute of limitations expires while you are still negotiating, you will lose the right to sue, and the insurance company may deny your claim. The attorneys at Van Sant Law can negotiate on your behalf and make sure that doesn’t happen.
What Happens If You Miss the Deadline?
If you do not file a lawsuit before Georgia’s statute of limitations expires, the court will permanently dismiss your case, and you will lose your legal right to recover any compensation for your injuries or losses, even if the other driver was clearly at fault.
You will also lose your leverage with insurance companies, who will likely reduce your payout or even deny your claim since you can no longer threaten them with a lawsuit.
A personal injury attorney from Van Sant Law can help you file your claim before the statute of limitations expires.
When Can You Sue Amazon for an Accident?
Suing Amazon for an accident can be challenging since most Amazon drivers either operate as independent contractors or work for third-party Delivery Service Partners (DSPs). However, you may be able to sue Amazon if you can prove that the company was negligent in its hiring or oversight of the driver who hit you.
For example, if Amazon hired a driver with a poor driving record or enforced a tight schedule that forced the driver to speed or drive while fatigued, you may be able to hold the company liable for your accident.
A car accident lawyer from Van Sant Law can review your case and explain whether you have a viable lawsuit against Amazon or someone else. The same statute of limitations generally applies whether you are suing Amazon, the driver, a DSP, or another person or entity.
Steps to Take After an Amazon Delivery Accident
After an accident with an Amazon delivery driver, it’s crucial to:
- Report the accident: Contact law enforcement and request a copy of the police report.
- Gather information: Get the Amazon driver’s contact information, license plate number, and insurance information. If the driver works for a third-party delivery company, ask for their contact information as well.
- Document the scene: Take photographs or videos of the vehicles, road conditions, traffic signs, and any visible injuries.
- Talk to witnesses: Collect the names and contact information of anyone who saw the accident.
- Get medical attention: See a doctor if you suffered any injuries. Your medical records will serve as important evidence for your claim.
- Notify your insurance company: Report the accident to your insurer promptly, but don’t give a recorded statement or agree to a settlement until you talk to a lawyer.
- Preserve evidence: Keep repair estimates, medical records, receipts, correspondence with insurers, and other documents related to the accident.
- Speak with an attorney: The sooner you get in touch with the lawyers at Van Sant Law, the sooner we can start building your case.
Get Help from a Delivery Truck Accident Attorney
If you were injured in a crash with an Amazon vehicle, there’s no time to waste. A car accident attorney from Van Sant Law can investigate the crash, gather evidence for your claim, determine who is liable for your losses, and help you file your lawsuit before time runs out.
Schedule a free consultation to find out how long you have to take legal action.
