$100MM Lawsuit Filed Against Amazon.com for Delivery Driver’s Illegal, Improper & Careless Actions Resulting in Severe Injuries & Amputated Leg

The law firm of Breit Biniazan, P.C. has filed a $100 million lawsuit on behalf of our client, Justin Hartley, against Amazon.com for the illegal, improper and careless acts of one of its delivery drivers. The lawsuit was filed in the Circuit Court of the city of Norfolk on January 12, 2022.

The suit alleges that on the afternoon of October 4, 2021, Mr. Hartley was operating his 2007 Harley Davidson Motorcycle traveling south on Blackwater Road in the City of Virginia Beach, Virginia, toward the intersection of Blackwater Road and Blackwater Loop. The weather that day was clear and dry. Hartley was maintaining a proper speed when a rented Hertz truck with an Amazon logo turned directly into our client’s lane of travel resulting in his Amazon van striking him on his motorcycle.

As a result of the collision, Mr. Hartley suffered severe injuries, including fractures to his left wrist and multiple fractures to his left leg requiring the amputation of his left leg below the knee. The crash was investigated by the Virginia Beach Police Department. The Complaint alleges the defendant admitted to the police officer that at the time of the crash, he was looking down at his GPS directions that were supplied by Amazon on his Amazon supplied GPS device.

The lawsuit alleges drivers for Amazon.com and Amazon Logistics are required to drive an Amazon branded van, wear an Amazon branded uniform, and use the Amazon “Flex App.” The “Flex App” micro-manages every aspect of delivering packages during the course of a route, including the GPS route to take, when to take breaks and lunches, and when to return to the station, and distracts the attention of Amazon drivers from the roadway during their routes.

Cont.

The lawsuit alleges when a driver falls behind Amazon.com and Amazon Logistics’ desired pace during a route, Amazon Logistics sends text messages that the driver is “behind the rabbit” and needs to be “rescued” to ensure that the packages on the route are delivered in compliance with Amazon Logistics’ unrealistic and dangerous speed expectations.  Falling “behind the rabbit” and requiring “rescue” too often significantly reduces a driver’s pay.

The lawsuit alleges that the defendant was distracted by the Amazon.com and Amazon Logistics Flex App at time he made his right turn onto Blackwater Loop and crashed into Mr. Hartley. Breit Biniazan, P.C. is seeking $100-million in compensatory damages from Amazon.com for the life-altering result of this avoidable accident.

Virginia Auto Accident Statistics

2021 Updated Statistics on Virginia Auto Accidents

Although 2020 saw an overall reduction in Virginia’s number of traffic accidents and injuries, there was sadly an increase in the number of traffic fatalities. 

According to the Virginia Highway Safety Office, in 2019, a total of 128,172 accidents led to 65,708 injuries and 827 deaths. In 2020, drivers were involved in 105,600 accidents that resulted in 52,668 injuries and 847 deaths.

Many of these accidents and resulting injuries can be attributed to a few key factors: driver inexperience, distraction, and intoxication or impairment. Below, we discuss some of the most common causes of auto accidents in Virginia and what drivers can do to protect themselves. 

Inexperienced Drivers

According to the U.S. Centers for Disease Control (CDC), motor vehicle crashes are the leading cause of death for those aged 5 to 19.

Many of these crashes involve teen drivers who lack the experience to avoid some of the biggest dangers on the road—wild animals, distracted or impaired drivers, and inclement weather. Tragically, in 2020, 72 16-to-19-year-olds were killed on Virginia highways.

If you have an inexperienced driver in your family or are one yourself, there are some steps you can take to boost road readiness. 

Though these steps may not prevent all accidents, they can take away some of the greatest risk factors behind serious or potentially fatal car crashes.

Distracted Drivers

The advent of handheld phones has brought driver distraction to its peak—but even non-cell-phone users can be guilty of distracted driving. Engaging in any activity that takes your attention away from the road, even for a few seconds, can pose a major risk to you and those around you.

Refrain from eating, drinking, applying makeup, digging through your handbag, or doing anything else that requires you to shift your focus from the act of driving.

And distracted driving has real consequences. According to the Virginia Tech Transportation Institute, even listening to a phone conversation while behind the wheel can increase your risk of being involved in a crash by 30%. 

Someone dialing a cell phone while driving is nearly three times more likely to be in an accident. Setting your phone aside while driving is perhaps the single biggest step you can take to reduce your risk of injury.

Pedestrians & Cyclists

Although pedestrians and bicyclists are themselves at greater risk of being involved in a crash, they can also pose a risk to drivers. 

In 2020, nearly 1,500 pedestrians and 659 bicyclists were injured in crashes on Virginia roadways, while 117 pedestrians and 8 cyclists were killed. 

Because bicyclists and pedestrians don’t have any protection from 2,000 pounds or more of steel, most pedestrian-vehicle crashes result in severe injury to the person struck. In some crashes, especially those involving bicyclists, the driver may be injured as well.

Some tips to avoid crashes include:

Unrestrained Drivers 

Though wearing a seatbelt may not prevent you from being involved in a crash, it can reduce the risk that you’ll be seriously injured or killed if you are. Without a seatbelt, you could be thrown into or even through the windshield if you collide with something in front of you; and once you’ve been thrown out of your vehicle, your risk of serious injury increases significantly. 

According to the Virginia Department of Motor Vehicles, the risk of death is about 8 times higher if a vehicle occupant isn’t using their seatbelt (or, for children, strapped into a size-appropriate child seat). 

Impaired Drivers

One of the most preventable causes of traffic accidents and fatal crashes in Virginia—and nationwide—is drunk or impaired driving. Around one in every three traffic fatalities in Virginia lists alcohol use as a contributing factor, and this percentage is slightly higher than the nationwide average.

Three of every four impaired drivers who are involved in a fatal crash have a blood alcohol content (BAC) of 0.15% or higher. 

The more impaired you are when you get behind the wheel, the more likely you are to be in a serious or fatal accident. Always use a designated driver or call a ride-share service or taxi if you’re planning to drink away from home.

Contact Breit Biniazan for Auto Accident Attorneys in Virginia

If you or a loved one has been injured in a car crash, it’s important to seek advice on your legal options as soon as you can. Virginia has strict statutes of limitation that may prevent you from suing for damages after more than two years have passed since your accident.

Give the experienced personal injury attorneys at Breit Biniazan a call at (855) 659-4457 or fill out the short contact form on our website to get in touch with a member of our team.

Building an Automobile Accident Case

No one ever expects to be in an automobile accident but unfortunately they are all too common. If you find yourself in a car accident caused by someone else, you may need to take legal action. This can be a daunting process, but it is important to understand your rights.

The first step in the process to build an effective automobile accident case, is to gather as much information as you can to create a strong case. The details needed include the other driver’s contact information, the insurance information for the other vehicle, and pictures of any skid marks or other vehicle damage.

Make sure to take pictures of the scene and save them somewhere secure. Getting a video of the collision is a smart idea as well, especially if the camera or dash cam footage is available.

The Different Types of Car Accidents

Car accidents are a leading cause of death and injury in the United States. According to the National Highway Traffic Safety Administration, there were over six million car accidents in the U.S. in 2018. While some of these accidents are minor fender-benders, others can be much more serious, resulting in serious injuries or even death. Here are some of the different types of car accidents that can occur:

Rear-end collisions: These occur when one car rear-ends another. They are often caused by following too closely, driving while distracted, or sudden braking.

Head-on collisions: These accidents happen when the front ends of two cars collide with each other. They can be devastating, and are often caused by driver error, such as driving on the wrong side of the road or speeding.

Side-impact collisions: Also known as T-bone accidents, these happen when the side of one car is hit by the front or back of another car. They can be especially dangerous because they often result in damage to the door, which can crush or trap passengers inside the vehicle.

Rollover accidents: These occur when a vehicle flips over onto its roof or side. They are most common with SUVs and trucks, and can be caused by factors such as excessive speed, poor road conditions, or DUI.

How to Prove the Other Driver is at Fault

If you’re involved in a car accident, the first thing you should do is exchange insurance information with the other driver. However, in some cases, the other driver may try to claim that they were not at fault. If this happens, there are a few things you can do to prove that they were indeed at fault.

First, if you have a dashboard camera, be sure to download the footage and provide it to your insurance company. This will give them a clear view of what happened during the accident. Additionally, take pictures of the damage to both vehicles, as well as any skid marks on the road. Finally, be sure to get the contact information of any witnesses who saw the accident. With this evidence, you will be able to prove that the other driver was at fault and avoid having to pay for damages yourself.

What to Do if the Other Driver is Uninsured

If you are involved in a car accident with another driver who is uninsured, you may be wondering what to do. First, it is important to remain calm and assess the situation. If possible, move your vehicle to the side of the road to avoid blocking traffic. Then, call the police and file a report. Be sure to get the other driver’s contact information, as well as any witnesses who may have seen the accident. Once the police have left, you will need to contact your insurance company to file a claim. Your insurer will likely require you to pay a higher deductible since the other driver was uninsured. In some cases, your insurer may also decide not to renew your policy after an accident with an uninsured driver. If this happens, you may need to purchase high-risk insurance. While an accident with an uninsured driver can be stressful, it is important to remain calm and take the necessary steps to protect yourself.

What to Do if You are Partially at Fault

If you are partially at fault for the accident, you may still be entitled to compensation from the other driver. The first step is to exchange insurance information with the other driver. You should also take photographs of the damage to both vehicles, as well as any injuries that you have sustained.

Once you have gathered this information, you should contact your insurance company and file a claim. The insurance company will then investigate the accident and determine who is ultimately responsible. If you are found to be partially at fault, your settlement may be reduced by an amount that reflects your degree of responsibility. However, it is important to remember that you may still be entitled to recover damages from the other driver.

The Different Types of Injuries Sustained in Car Accidents

The most common types of injuries sustained in car accidents are cuts, bruises, and broken bones. However, more serious injuries, such as traumatic brain injuries and spinal cord injuries, can also occur. These types of injuries can have a profound effect on a person’s quality of life, and they may require extensive medical treatment.

In some cases, people who sustain these types of injuries may never fully recover. If you have been involved in a car accident, it is important to seek medical attention as soon as possible. A medical professional can assess your injuries and provide you with the treatment you need to improve your health and wellbeing.

How to Prove the Severity of Your Injuries

Following a car accident, it is not uncommon for insurance companies to question the severity of your injuries. After all, the amount of money they have to pay out is directly related to the extent of your damages. As a result, it is important to be able to prove the severity of your injuries if you want to receive full and fair compensation.

One way to do this is to seek medical attention immediately after the accident. Not only does this create a paper trail documenting your injuries, but it also shows that you are taking your health seriously. Additionally, be sure to follow all of your doctor’s recommendations. This includes things like attending physical therapy, taking medication, and avoiding activities that could aggravate your injuries. By following your doctor’s orders, you can demonstrate that you are taking active steps to recover from your injuries.

Finally, keep a journal documenting how your injuries are impacting your life. Write down things like how much pain you’re in, how frequently you’re missing work, and how limited you are in your daily activities. This journal can be used as evidence to show the jury or insurance adjuster just how much your injuries have impacted your life.

If you’ve been injured in a car accident, don’t wait to take action. Get medical attention right away and start gathering evidence to prove the severity of your injuries. By taking these steps, you can ensure that you receive the full and fair compensation you deserve.

The Different Types of Damages You Can Recover

When you file a personal injury lawsuit after a car accident, there are different types of damages that you might be able to recover. These can be broadly categorized as either economic or non-economic damages.

Economic damages are those that have a specific monetary value, such as medical bills, lost wages, and property damage. Non-economic damages are more intangible, but can still have a significant impact on your life. These might include pain and suffering, emotional distress, and loss of enjoyment of life.

In some cases, punitive damages might also be available if the defendant’s actions were particularly reckless or egregious. By understanding the different types of damages that are available, you can be sure to get the compensation you deserve after a car accident.

How to Get Compensation

After a car accident, there are a number of steps you will need to take in order to receive compensation. If your injuries are severe, it may be worthwhile to hire an attorney. An experienced car accident attorney will know how to navigate the insurance and legal system to build a strong case on your behalf. You and your lawyer will then work through the steps together to ensure the best possible outcome.

Contact the expert personal injury attorneys at Breit Biniazan for professional legal representation.

What If the Accident Was Partially My Fault?

In a car accident, you may feel that the other party was at fault for the accident, but that’s not necessarily true. While there are certain situations where you are entirely at fault, many other situations involve some grey area and multiple parties sharing some blame. However, even if you’re partially at fault for the car accident, you can still file a personal injury claim and recover damages.

What if I was the one who hit the car?

If the accident was partially your fault, you may still be able to recover damages. However, your damages may be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you can only recover 80% of your damages.

In some states, if you are found to be 50% or more at fault, you cannot recover any damages. Also, if you are partially at fault, it is important to have an experienced attorney on your side to help you recover the maximum amount of damages possible!

Most insurance companies will also take into account who was at fault when determining how much to pay out on a claim. If you are found to be at fault, your insurance rates may go up.

You may also be sued by the other party involved in the accident. If you are sued, you will need to hire an attorney to defend you.

What if I was the one who was hit by the car?

Most car accidents are caused by human error, such as distracted driving, speeding, or impaired driving. However, car accidents can also be caused by weather conditions, mechanical problems, or even wildlife. No matter the cause, car accidents can have serious consequences. Victims may suffer from physical injuries, emotional trauma, or financial hardship. In some cases, car accidents can even be fatal.

If you have been involved in a car accident, it is important to seek medical attention and legal counsel as soon as possible.

How can I determine if I was partially at fault for the accident?

Car accidents can be complex, and it is not always easy to determine who is at fault. If you are involved in a car accident, there are a few things you can do to try to determine if you were partially at fault. First, check for any damage to your car. If there is significant damage, it is likely that you were at least partially at fault. Second, talk to any witnesses who saw the accident and get their version of events. This can be helpful in understanding what happened and who was at fault.

If you are considering that you may be at fault for the accident, it is important to speak with your insurance company. However, you should not speak with the other party’s insurance company until you have spoken with an attorney. Doing so could jeopardize your claim and weaken your case. By speaking with an attorney first, you can get professional advice and guidance on how to proceed.

How car accidents can be determined in court

If you’re involved in an accident with more than one other driver, the court will determine fault in the same way. Each driver is assigned a percentage of fault based on their own contribution to the crash. If you’re twenty percent at fault and the other drivers are each forty percent at fault, you’ll be awarded eighty percent of your claim, and the other drivers would receive sixty percent of the damages.

Legal points to consider if you have been involved in an accident

If you have been involved in a car accident, there are many legal factors to consider. If you believe that you may be partially at fault for the accident, it is important to seek legal counsel as soon as possible. The attorneys at our firm can help investigate the facts of your case and determine if you have a claim.

Although you’re at fault for the accident, you should avoid admitting fault and putting yourself in a vulnerable position. If you believe you caused the accident, you must tell your attorney immediately. Otherwise, you may make the situation worse. An experienced car accident attorney will be able to help you identify all of your contributing factors.

Contact the expert auto accident attorneys at Breit Biniazan for professional legal representation.

Finding Sources of Insurance Coverage

Even the strongest car accident cases won’t do much good if the negligent party doesn’t have adequate funds to pay for damages. That is why it is critical for a car accident attorney to investigate the negligent party’s liability coverage, uninsured motorist coverage, underinsured motorist coverage, medical payment coverage, and loss of income coverage. 

To do so, an attorney may examine more than one auto insurance policy, including

Virginia doesn’t allow the stacking of liability coverages, whether multiple vehicles are on the same policy or on separate policies. Yet, your lawyer may discover more than one liability policy that offers coverage for an injured party. 

Consider the following example:

Mike’s car is insured with Company A. Tom’s car is insured with Company B. 

Mike, driving Tom’s car with Tom’s permission, injures Plaintiff. The plaintiff may recover damages from Company B, up to its policy limits, and then from Company A, as an excess carrier, up to its limits.

When the negligent party doesn’t have auto insurance, or they have inadequate insurance, they are called an uninsured motorist (“UM”). Underinsured motorist (“UIM”) coverage generally applies where the tortfeasor has inadequate insurance coverage. Because UM is so tricky to navigate, it is essential for the trial lawyer to be well versed in this area of automobile accident law. 

In Virginia, stacking of UM coverage is allowed when the injured person has two or more separate policies providing UM coverage. However, stacking is not generally permitted where the injured person has two or more vehicles covered by the same policy. 

In Virginia, an injured victim may seek UIM coverage from the following policies

A thorough understanding of the sources of insurance coverage for automobile injury cases is essential to any trial lawyer. Determining all possible ways that you can collect on your claim, while often complicated and time-consuming, is essential to ensure clients get the compensation they deserve. 

Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.

Driving Habits Do’s and Don’ts

Drivers have a duty to operate their vehicles as safely as they can and take extra precautions to prevent collisions. Driving while intoxicated or under the influence of narcotics is the worst thing a driver can do. Never allow an inebriated driver to operate a vehicle. It’s important to stay safe and maintain a good driving record to keep your insurance costs down. Some ways to do this include taking extra precautions to be aware of your surroundings, abiding by traffic laws and yielding to other vehicles when you can. 

Driving Do’s

-Always wear your seatbelt

-Keep your eyes on the road

-Drive the speed limit

-Use your blinkers

-Be courteous to other drivers

Driving Dont’s

-Don’t drink and drive

-Don’t text and drive

-Don’t tailgate

-Don’t cut people off

-Don’t drive angry

How to Drive in Different Weather Conditions

Rain

-Slow down and increase the distance between your car and the one in front of you

-Be extra cautious of hydroplaning

-Turn on your headlights

-Brake gently

Snow

-Drive slower than usual

-Accelerate and decelerate slowly

-Keep a reasonable amount of gas in your tank

Dry Conditions

-Drive the speed limit

-Keep your distance from other cars

Wet Conditions

-Reduce your speed

-Increase the distance between your car and the one in front of you

-Be cautious of hydroplaning

How to Drive at Night

-Turn on your headlights

-Increase the distance

How to drive in different surroundings

Driving in suburbs or rural areas will present different challenges than in the city. For instance, you will find more pedestrians and cyclists, and you’ll also have to watch out for children running into the road. In a more urban or city environment, it is also important to stay aware of your surroundings. In all circumstances, it is important to keep your eyes open and to scan the surrounding area for any possible hazards.

How to Drive Different Types of Vehicles

Car

-Keep your speed under the limit

-Be aware of your surroundings

-Brake gently

Truck

-Drive slower than usual

-Increase the distance between your car and the one in front of you

-Be cautious of hydroplaning

Motorcycle

-Wear a helmet

-Drive the speed limit

-Be cautious of everything that surrounds you

How to Drive with Different Passengers

If you are driving with passengers, it is important to be aware of how they might be affecting your driving. If you are carrying precious cargo, such as young children, you will want to drive more carefully than usual. If you have rowdy passengers, it is important to keep your cool and not let them distract you from the task at hand. Remember, you are responsible for the safety of your passengers, so it is important to maintain focus while driving.

Driving safely is a responsibility that all drivers must take seriously. By following the do’s and don’ts of driving, as well as being aware of different weather and road conditions, drivers can keep themselves and others safe on the road.

Contact the expert brain injury attorneys at Breit Biniazan for professional legal representation.