Maison Law helps car accident victims in Stockton. Delivery services are everywhere now, and Walmart’s Spark service is one of the most popular. But with so many drivers on the road and tight schedules, accidents can happen, sometimes leaving you or a loved one hurt. If this has happened to you, and you want to know more about your legal options, contact us today for a free consultation.
Do You Need to Get a Lawyer After an Accident?
Whether you’re driving your car or working for Spark, there are legal steps to handle injuries after an accident. For minor accidents, you probably won’t need a lawyer. But Spark delivery accidents often mean a more complicated path to getting better. That’s when you really need a lawyer’s help. Our team can:
- Explain your rights and options
- Help you through insurance issues
- Gather evidence and important details
- Deal with insurance companies for a fair settlement
- File a lawsuit if needed
Basically, these accidents are handled like other car accidents, giving you options if someone else is at fault. Our team is here to support you, answer questions, and help keep your claim on track.
What Claims Options Do You Have After a Spark Accident?
At least legally speaking, your options don’t change after a car accident with a Walmart Spark delivery driver. In fact, when you boil it down, it’s just like any other car accident. This means that you have certain options for filing an injury claim, but it usually comes down to either:
- Filing an insurance claim
- Filing a personal injury lawsuit
Which option to pursue depends on your situation, but often, both may be necessary. The main difference is that an insurance claim is handled outside of court, while a lawsuit is a formal legal action that might go to trial. The goal of any claim is to recover your accident-related losses, known as “damages,” which vary based on the severity of your injuries and the impact on your life. Possible damages include:
- Medical expenses
- Lost wages and lost future earnings
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of companionship
- Funeral costs in case of fatal accidents
- Punitive damages (for extreme negligence)
Remember, you only have two years from the accident date to file your claim. Also, California’s comparative negligence rule also applies, which means if you are partially at fault, your recovery may be reduced by your percentage of fault.
Who Pays For Your Damages After an Accident With a Spark Driver?
If you’re injured in an accident involving a Walmart Spark driver, handling your claim is similar to other car accident cases. The first step is figuring out who’s responsible for the accident. In California, Spark drivers are usually “independent contractors,” meaning their own car insurance typically covers any damages.
However, there’s an important point about insurance with these accidents:
- If the driver wasn’t making a delivery or wasn’t logged into the Spark system, only the driver’s personal insurance applies, which includes meeting the state minimums of $15,000 for injury or death of one person, $30,000 for injury or death of multiple people, and $5,000 for vehicle or property damage.
From there, though, it’s all about figuring out who’s responsible for the accident itself. This usually involves the Spark driver, but like any accident, it ultimately depends on the circumstances. So, other potentially liable people might include:
- Other drivers involved
- Local governments for road issues
- Vehicle manufacturers
- Third parties, depending on circumstances
Figuring out all of the responsible parties is very important to your case, because you have the right to file a claim against anyone who contributed to your accident. This increases the potential damages you can get, but it can also make the process more complicated. So, it’s important to look into what caused the accident in the first place.
What Causes Accidents With Walmart Spark Drivers?
There’s nothing about Stockton on its own that contributes to car accidents with Walmart’s Spark delivery drivers. Rather, it usually has to do with a number of different factors that converge. Think about it: when someone is trying to focus on delivering groceries or other items, they’re not necessarily thinking about driving carefully. That makes it pretty easy to see how these accidents happen, but when it comes to your legal options, you need to know the specifics of what causes them:
- Delivery timelines – Drivers are usually rushing to meet delivery timelines, which can lead to risky or even dangerous driving.
- Inexperience – New or unfamiliar drivers who don’t know the route or system well can make mistakes that cause accidents.
- Distractions – Spark drivers have to be logged into an app, which can be distracting. Then, there’s all of the normal distractions a driver has to contend with. All of these increase the risk of an accident.
- Not taking care of the vehicle – Spark drivers use their own car or vehicle, and when they’re not well-maintained, it can cause mechanical issues and accidents.
- Crowded roads – Like any other driving situation, Spark drivers are usually making deliveries in busy areas, which can increase the risk of accidents.
- Unfamiliar neighborhoods – The vast majority of Spark deliveries happen in residential areas. If the driver isn’t familiar with these in new areas, they might not anticipate pedestrians, hazards, or children nearby.
Understanding these factors can help you prepare in case of an accident with a Walmart Spark driver. These incidents can lead to serious injuries and impact your daily life, which makes the legal process crucial. We’re here to guide and support you every step of the way, but you also have to take the right steps to protect your claim.
How Can You Protect Your Claim After an Accident With a Walmart Spark Delivery Driver?
Even though you have legal options, it’s up to you to show the full extent of your losses when you file a claim after an accident involving a Walmart Spark delivery driver. Typically, this involves dealing with an insurance company that will often try to lower the value of your claim. Taking these steps can help protect your claim:
- Get medical help – Like any car accident, check for injuries and call 911 if anyone is hurt. This will allow paramedics to respond so they can provide necessary care at the scene.
- Call the police – When you’re on the line with 911, make sure to also report the accident to local police so they can take care of the scene. They’ll gather important insurance information and other details about the accident itself that you can use in your insurance claim.
- Gather information – Collect names, contact info, and insurance details from all parties involved, especially the Spark driver. Also, get contact information from any witnesses that saw the accident.
- Document the scene – Take photos or videos of the accident area, including vehicle damage, road conditions, and any visible injuries.
- Be careful with statements – When talking to police or insurance reps, be careful with what you say. Just stick to the facts of what happened and keep it simple. The less you say, the less they can use to devalue your claim.
Every accident is unique, but these steps are helpful in nearly any Walmart Spark accident. Start by prioritizing your health and safety, and then rely on our team to guide you through the process.
Free Consultations with Experienced Walmart Spark Accident Lawyers
At Maison Law, we understand how challenging accidents with Walmart Spark drivers can be, especially if you’re injured. Our team is here to make sure you receive the financial and legal support you need. Contact us today for a free consultation.
