Maison Law represents victims of Walmart Spark accidents in Merced. If you or a loved one has been injured in an accident with a Walmart Spark driver, our team of experienced accident attorneys can help you get the compensation you need. For trusted legal counsel, contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Merced Walmart Spark Accident?
Walmart Spark is a delivery service that allows customers to order groceries, food, and other items through the Spark App. Although these services can benefit customers all over California, Walmart Spark delivery drivers may be rushed for time. Delivery drivers are more likely to speed or ignore traffic laws to meet tight deadlines, which puts other drivers around them at risk of collision.
If you are injured after an accident with a Walmart Spark driver in Merced, it is advisable to partner with a personal injury lawyer. Walmart Spark drivers are NOT covered by Walmart’s insurance. So, you will be filing a personal injury claim against the driver’s insurance policy. However, there are certain scenarios where Walmart can be held responsible. For example, if Walmart were to hire a Spark driver with a poor driving record or someone who is known to be reckless, then Walmart could potentially be liable for putting other people at risk.
By partnering with a personal injury attorney, they can determine the liable party and pursue maximum compensation from them on your behalf. An accident attorney can also provide the following:
- File a lawsuit to get you compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Assign liability to all additional parties responsible
- Reduce or eliminate your liability
- Communicate with insurance adjusters on your behalf
- Build your case by gathering concrete evidence such as:
- Dashcam footage
- Traffic cam footage
- Witness statements
- Police reports
- Represent you in court if your case goes to trial
Do I Need to Report a “Minor” Merced Walmart Spark Accident?
One mistake accident victims commonly make when getting into a minor “fender bender” is failing to report the accident to their insurance. In minor accidents, drivers may be tempted to let the accident slide and not report it. The logic is that an insurance company can’t raise rates for an accident they never knew about.
This decision can work against accident victims, even if they were not at fault for the accident to begin with. If you were in an accident with a Walmart Spark driver in Merced, the Spark driver, or even worse, Walmart could make the decision to file a lawsuit against you. And if your insurer finds out you failed to immediately report an accident to them, they do not have to honor your policy with them. The end result would be you having to pay every bill without the help of insurance, costing you more than if your rates went up.
What to do After a Merced Walmart Spark Accident
Walmart Spark accidents should be handled in the same way you would handle an accident with any other driver. The first steps to take after the accident are to ensure the safety of you and your passengers, call the authorities, and exchange insurance information with the other driver. These same steps still apply in an accident with a Walmart Spark driver, however, there are additional steps you should take to protect yourself from liability and build a strong personal injury claim. These steps include:
- Gather the driver’s insurance as well as the Walmart Spark driver’s insurance policy
- Notate whether the driver was on a delivery or not
- Understand which city, or local laws may apply to delivery service accidents
- Merced, CA, requires car delivery drivers to be 18+ years of age with a valid license and insurance
- Do NOT admit fault
- Get a copy of the police report
Does Your Insurance Go Up After a Merced Walmart Spark Accident That Is Not Your Fault
When it comes to determining if your car insurance premium will increase after an accident, liability plays a crucial role. California law covers liability through comparative negligence. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the 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 were partially at fault, but still got injured, you still reserve the right to compensation. 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.
What is the Typical Compensation for a Merced Walmart Spark Accident?
There is no average compensation when it comes to car accidents. The value of each case is dependent on the severity of your injuries and how much they’ve altered your life. For example, let’s say you suffered a broken leg from a car accident and were out of work for 6 to 8 months. Your compensation would reflect the cost of medical treatment received, lost wages, and non-economic damages such as anxiety, depression, and loss of enjoyment of life.
Whatever value your attorney and the insurance company agree upon to reflect all of those damages will end up being the compensation you receive. However, if you are not satisfied with the amount of compensation, you can look to settle in court. Taking the insurance company to court is where having a reputable accident attorney in your corner can save you enormous amounts of stress.
Contact a Merced Walmart Spark Accident Lawyer
If you or a loved one has suffered injuries due to a careless Walmart Spark driver in Merced, the Maison Law accident attorneys can help you obtain the compensation you need to get your life back on track. We know how traumatic and overwhelming a car accident can be, but our team of experienced personal injury lawyers is here to support you through the legal process every step of the way. Contact Maison Law for a free consultation and case evaluation. Our firm does not charge any upfront fees for our legal services and you won’t pay a cent unless your case is won.
