Maison Law represents California 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 to help you file a claim. 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 mistake, but the big box store chain will have corporate lawyers that 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 California Walmart Spark Accident Lawyer fights back against these shady practices and demands the most in compensation possible for your injury.
Walmart Delivery Driver Accident Dangers on California Streets
Walmart sells a lot of merchandise at its California locations, but the giant retailer sells much more on the Walmart retail website. With each order that’s clicked, a delivery must be made and that means a vehicle rolling out on California freeways and boulevards.
Walmart’s delivery model relies heavily 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 cause Spark drivers to cause devastating collisions:
- Driving recklessly and speeding to meet job goals and expectations.
- Staring at cellphones for delivery information, mapping guidance, or personal reasons instead of the lanes ahead.
- Drowsy and exhausted Spark drivers who don’t take enough breaks.
- Traveling in unsafe vehicles that might need brake and tire maintenance.
- Delivery drivers impaired by alcohol or drugs.
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 motorists who haul passengers for Uber or Lyft.
Unfortunately, if a 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 California Walmart Spark Driver 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.
What to Do After a Walmart Spark Driver Caused Accident
In the moments after an accident, you may be in shock and dealing with intense pain. But if you are left strong enough, you should try to secure as much fresh evidence as possible. However, only do this if it’s safe and the scene is secure.
This important evidence may not be available later and it’ll be critical to keeping Walmart or a Spark driver from changing the facts of what happened. Try to collect these details:
- Call 911 — Get checked out by the ambulance crew and go to the emergency room if necessary. Give a full report to the local police or the California Highway Patrol about what you observed leading up to and during the crash.
- Take Pictures – Snap photos with your cell phone and show the damage to the vehicles. Get pictures of street signs, lane markings, and traffic lights that played a role in the accident. Show any visible injuries you come away with.
- Get Evidence of the Driver Working for Walmart – Walmart Spark drivers aren’t required to have signs or wear shirts that identify them as delivering for Walmart. Some drivers do post signs or wear shirts that show they are driving for the Spark program, but others don’t. If you see signs showing who the driver works for, you should get photos. If the driver doesn’t mention Walmart, but you suspect they were making deliveries when the accident occurred, you should mention that to the police. You might see a lot of Walmart bags in the backseat and trunk of the vehicle.
- Exchange Information with Drivers — Get pictures of their worker identification number, their driver’s license, and their insurance card.
- Chat with Witnesses – Find out what they saw and get their contact info.
- Check for Surveillance – See if there are any security cameras or doorbell cams mounted on local homes or businesses. Turn the addresses for these cameras over to your lawyer. The footage may prove your innocence.
- See your Doctor – Make an appointment and get any injury documented and be on the lookout for injuries that pop up after the shock and adrenaline of the crash wear off. Follow your doctor’s orders.
- Alert Your Insurance Company – Let your car insurance company know what happened. You don’t want the at-fault driver calling your insurance company before they’ve been informed of what happened.
- Contact a Skilled California Car Accident Lawyer – Evidence can disappear and witnesses can disappear if you wait too long to turn over your case to a lawyer. Surveillance video can also be erased. You should let your attorney handle all communication with car insurance companies and Walmart. This prevents you from saying something in a recorded call that might be twisted to hurt your injury claim later.
What Kind of Compensation Can I Receive from a Spark Driver?
Your Walmart delivery accident settlement check should factor in every hardship you and your family have faced after a collision on a California road.
This would include support for your economic hardships, like medical invoices, and your non-economic damages. Non-economic hardships would include the PTSD symptoms you may suffer after a frightening collision.
Your Maison Law personal injury lawyer demands support for these and other hardships be included on an accident settlement check:
- Medical bills victims have incurred or expect to incur
- Physical therapy costs
- Lifelong costs if victims suffer a permanent physical disability
- Support for the pain victims endure
- Support for the anxiety and depression caused by an accident
- Support for the loss of enjoyment of life a serious injury may cause
- Lost wages or future loss of earnings
- Job support and security for Spark drivers hurt in collisions by another driver
- Wrongful death damages for families after a loved one is killed in a Walmart Spark Car accident
Contact a California 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 perhaps a major corporation after an accident.
If you decide we can help you earn more for your case, you won’t need any upfront money to hire us. Maison Law doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement money an insurance company provides to you. Allow your California Walmart Delivery Accident Lawyer to handle the frustrating claims process while you focus on healing.
