Delivery services like Walmart Spark are a convenient way to get your shopping done without sacrificing personal time. However, with so many more drivers on the road, rushing to make deliveries, the risk of accidents has increased across California.
Maison Law represents those who have suffered injuries due to the recklessness of Walmart Spark drivers in Madera. If you or a loved one has been in a Walmart Spark accident, contact Maison Law today to get fully compensated for your damages.
Do I Need a Lawyer for a Madera Walmart Spark Accident?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney.
A car accident attorney can help you understand what your settlement is actually worth. The value of your case will largely depend upon the following factors:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Who is Liable in a Madera Walmart Spark Accident?
In a Walmart Spark Accident, the delivery driver is usually responsible if they cause the accident, not Walmart. Unfortunately, Walmart does not offer their delivery drivers insurance coverage, so you will be pursuing compensation through the delivery driver’s insurance policy if you get into a collision with a Walmart Spark driver.
When multiple parties are involved in a car accident, you may end up taking partial blame for the accident. However, you will still be able to collect damages, according to California’s Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if you’re awarded damages while accepting partial blame, your damages will be reduced by the percentage at which you are found at fault. However, when it comes to your insurance premium, your rate will most likely go up if you’re found to be 51% or more at fault.
For liability reasons, it is advisable to partner with a personal injury lawyer to help eliminate or reduce your percentage of fault, especially if you feel fault has been mistakenly assigned to you. Our accident attorneys at Maison Law will work to keep your percentage of blame as low as possible. And we will demand that all blame be removed if you weren’t at fault in any way for the accident.
Most Common Reason for Walmart Spark Accident in Madera
While most accidents are caused by carelessness or distracted driving (texting or using a dashboard touchscreen), delivery drivers have several other factors to deal with while driving. The most common Walmart Spark driver accidents include:
- Lack of experience: some delivery drivers have not been driving that long or have no experience as a delivery driver. These drivers are most likely to act impulsively or speed, which can easily lead to an accident.
- Pressure to deliver fast: Walmart Spark drivers have an expectation of making fast deliveries. Oftentimes, these fast delivery times are combined with drivers taking unfamiliar routes and racing to make good time on their delivery, increasing the risk of an accident.
- Late delivery hours: delivery drivers can work long hours and find themselves driving while exhausted. According to the California Highway Patrol, over 4,000 accidents occurred in California due to drowsy driving.
FAQs
Q: What if I can’t afford a personal injury lawyer if I’ve been injured in a Madera Walmart Spark accident?
A: Maison Law works on a contingency fee basis, meaning you don’t pay anything upfront. We operate on a “no win, no fee” policy.
Q: How long do I have to file a claim after a Madera Walmart Spark Accident?
A: 2 years from the date of the accident is the statute of limitations in California for filing a personal injury claim.
Q: Can my insurance take a share of my injury settlement after an accident?
A: Yes, insurers have a contractual right to be reimbursed for the bills they have paid on your behalf after the accident.
Contact a Madera Walmart Spark Accident Lawyer
If you or a loved one have suffered injuries due to a careless Walmart Spark driver in Madera, contact one of our skilled accident attorneys at Maison Law. We understand the enormous medical costs associated with car accidents and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law today to get the legal help you need. Our consultation is 100% free and you don’t pay a cent until we’ve won your case.
