Maison Law represents Fresno accident victims hurt in collisions caused by Walmart delivery drivers. Our personal injury lawyers immediately go to work to hold drivers, and in some cases Walmart, fully liable. We make sure victims can get the best medical care available without having to worry about the cost. Please contact us after an accident caused by a Walmart “Spark” driver. We provide a free, no-obligation consultation for all local injury victims.
Should I Call a Lawyer After a Walmart Spark Accident?
If a Walmart “Spark” driver crashes into your vehicle and causes only property damage and/or very minor injuries, you might not need a lawyer’s help. It’s when injuries are serious and medical bills will be expensive that a lawyer can be an important protection.
After an accident, the driver’s car insurance providers look for ways to avoid accepting liability. In some cases, Walmart could also be held liable for their delivery driver’s mistakes. However, the big box store chain will have corporate lawyers who work to twist the evidence to try to show that you caused the accident. They can also downplay your injuries, so Walmart gets away with providing you far less than you need to pay for recovery.
Your Fresno Walmart Spark Accident Lawyer fights back against these shady practices and demands the most compensation possible for your injury.
Walmart Spark Accident Dangers on Fresno Roads
Local families depend on getting many items, including groceries, delivered to their door each week. But each online order with a giant company like Walmart sends another vehicle out on busy Fresno roads.
A Walmart delivery driver may race down Shaw Avenue to pick up something at the store, speed over to a quiet neighborhood to drop an item on a front porch as quickly as possible, and then seek the next order request to do it all over again.
Walmart’s delivery model depends on what they have dubbed “Walmart Spark” drivers. Spark drivers use their own vehicles to make deliveries and work as independent contractors.
These drivers can shop for the Walmart app users or simply drop off items customers have ordered from home. Just like all delivery drivers, Walmart drivers must deal with work distractions and highway distractions as they travel. They might have to monitor cell phones for delivery requests and certainly for help with finding home and business addresses.
During their shifts, they can focus on the job and take their eyes and attention off the busy traffic ahead and beside them.
These and other factors can all lead Spark drivers into devastating collisions with cars, motorcycles, pedestrians and cyclists:
- Driver Distractions: One of the most common causes of delivery driver accidents is distracted driving. Walmart Spark drivers rely on an app to see delivery requests, and then use their phones to map the fastest way to an address. These job distractions, and even reading their own personal texts, can quickly draw a driver’s attention away from the roads, causing a catastrophic collision.
- Unfamiliar Roads: Deliveries in every corner of Fresno and Clovis can send even experienced drivers into areas they aren’t familiar with. This can cause them to miss turns slam on the brakes, and drive erratically searching for the route. Even with mapping assistance, a Walmart Spark car can create collision hazards in fast-moving traffic.
- Fatigue: Delivery drivers sometimes work extensive hours trying to make as much money as they can. They may even work for other rideshares and delivery companies, like DoorDash, at the same time. When a driver spends long hours on the road without rest, they could become unfocused or fall asleep behind the wheel, which can lead to devastating results.
- Speeding: Spark drivers may race from one destination to the next so that they can accept more deliveries in a day. They can also hit the gas to keep customers happy and make delivery deadlines. Speeding increases the likelihood of an accident, as well as increases the chance for the accidents to inflict even more serious dangers.
- Unsafe Parking: Delivery drivers sometimes do not find an actual parking spot when they are dropping off goods. They can stop and leave a car in a lane to make a drop-off. Cyclists may come upon a Walmart driver in a bike lane and have no time to avoid a collision.
All of these risks and more increased the likelihood that you’ll be in an accident with a delivery driver in Fresno. This can leave you wondering who can be held accountable for car repair costs and huge medical bills. A skilled Fresno car accident lawyer helps you determine who should be responsible, perhaps more than one party, and then collects the evidence necessary to keep companies like Walmart from wiggling out of accountability.
Does Walmart Insure Spark Drivers for Accidents?
No. Not in most cases. Spark drivers are independent contractors and aren’t considered Walmart employees. Spark drivers must have their own car insurance and use their personal vehicles to make deliveries.
On its website, Walmart says Spark drivers are part of the “Gig Economy.” It’s a term for a business model that uses workers who perform jobs on short-term contracts. The term “Gig Driver” is also used for rideshare drivers like people who haul passengers for Uber or Lyft.
Unfortunately, if a Fresno Spark driver hits you, you’ll usually be stuck only drawing from the driver’s personal insurance. This policy will usually only be the bare minimum in coverage allowed in California. It will usually have very low limits that might not cover all of your medical bills, especially if you’ve suffered a serious injury.
Your Fresno Car Accident Lawyer can help you seek the most from a driver’s car insurance coverage. A settlement check should cover every medical bill you’ve received and cover care that could be needed in the years ahead.
Your Maison Law attorney would also fully investigate the accident and check into Walmart’s role in what happened:
- Walmart may have failed to do proper background checks that might have identified a dangerous driver. The Walmart Spark website only says Walmart may do a background check on potential hires.
- Walmart may have failed to give proper safety training to drivers. The store chain should be responsible for drivers who deliver their goods, even if Walmart considers them gig workers.
- Walmart’s own expectations of contract workers may have contributed to a frightening collision.
- Walmart’s failure to confirm a Spark driver’s auto insurance protection.
These and other factors can all help your lawyer seek the maximum compensation for you and your family.
Do Walmart Spark Cars Have Signs on Them?
Not always. Walmart Spark workers aren’t required to have signs on their cars or to wear identifying clothing or badges. Some drivers buy signs or badges to make customers feel more at ease. Other drivers on the clock aren’t identifiable except for the many Walmart bags they’ll have in their trunks or backseats. After an accident, some drivers will try to hide the fact they were on a delivery.
For this reason, it’s important to get proof of the driver’s job if possible. You should snap photos of any “Walmart Spark” signs on the vehicle. Show clothing or badges the driver may be wearing.
You can see if the driver has an employee or driver number assigned by Walmart. This and other proof collected at the scene of your accident will help you hold a driver and, in some cases, an employer, responsible.
What Is My Walmart Spark Accident Injury Worth?
The size of your Walmart delivery accident settlement check would depend on many factors. Your lawyer wouldn’t be able to give you an accurate estimate on an injury settlement until talking to you and investigating what happened.
The seriousness of your injury and how long it takes you to heal is a major consideration in how much you’ll need to demand. The time you lose at work is another big contributor.
But your lawyer estimates your non-economic damages too. Non-economic hardships would include the pain you must endure after an injury and the emotional trauma an impact and difficult recovery can cause.
Your Maison Law personal injury lawyer makes sure support for these and other hardships be included on an accident settlement check:
- The totals for your hospital care and physical therapy expenses.
- The estimated costs for care in the years to come if you suffer a long-term injury or a permanent physical disability.
- Travel costs while making doctor’s appointments and going to see specialists. This includes the cost of shuttle services if you can’t be on your feet or drive.
- Non-economic damages such as the physical pain and emotional distress you endure. This includes depression and anxiety and a loss of enjoyment of life due to your injuries.
- Past and future lost income while you must miss work. Estimates on your lost earning capacity if you have a permanent disability.
- Money for property damage and car repairs or replacement.
- Wrongful Death Support. Families can file a wrongful death claim against insurance providers and Walmart if a loved one is lost in a collision with a Spark Car. Close relatives could seek money to pay burial costs and remaining hospital bills. They should also receive help in the future when the loved one won’t be able to provide financial support to a spouse and children.
Frequently Asked Questions
How long do I have to file a claim against a Spark driver?
A victim in an accident in California generally has up to two years after an accident to file a claim for damages against at-fault drivers and the company they drive for.
What if I can’t afford a Spark Accident Lawyer?
Residents in Clovis, Fresno, and Fresno County don’t need any upfront money to hire a Maison Law attorney. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement auto insurers must provide.
Should I speak with insurance companies for the at-fault driver?
Offer up only basic information. Insurance adjusters will ask you to make a recorded statement going over what happened. Politely refuse. They are hoping you’ll say something they can twist to hurt your case later. Let your attorney handle any further communication with them.
Contact a Fresno Walmart Spark Delivery Accident Attorney
If you have been seriously injured or lost a loved one due to a careless Walmart delivery driver’s actions, contact Maison Law for a free accident consultation. It’s a no-risk way to find out how much you should demand from insurance companies and how to force those at fault to accept responsibility.
Allow your Fresno Walmart Delivery Accident Lawyer to handle the frustrating claims process while you focus on healing.
