Maison Law represents victims of Walmart Spark accidents in Visalia. 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 medical bills, missed work, and mental trauma. For trusted legal counsel, contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Walmart Spark Accident in Visalia?
Walmart considers their Spark drivers independently contracted employees. So, in most cases, if you find yourself in an accident with one of their drivers, you would file a claim against the driver’s personal insurance policy, not Walmart. However, depending on the situation, Walmart could be held liable for the accident. For example, if Walmart knowingly hired someone unqualified, or with a bad driving record, they could be held responsible.
Making this determination can become a complex and time-consuming issue as Walmart has a team of lawyers ready to defend them, even if they are clearly at fault. For this reason, it is advisable to seek the counsel of a personal injury attorney. If you’ve suffered injuries from an accident with a Walmart Spark driver, an attorney can assist you with the following:
- Investigate and determine wrongdoing or recklessness: Delivery driver accidents are complicated due to the amount of potential liable parties involved. Typically, there will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collect and preserve key evidence: Walmart Spark driver logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim against the liable party’s insurance.
- Communicate with insurance companies and other attorneys: When dealing with major corporations and defense attorneys, it is recommended to have a personal injury attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Prove liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
What Happens When You Get Into an Accident with a Walmart Spark Driver?
Walmart Spark driver accidents should be handled the same as your typical car accident. Unlike other “gig work” such as Uber Eats or DoorDash, Walmart Spark does not offer any auto insurance for their delivery drivers. So, if you get into an accident with a Walmart Spark driver, it is recommended to follow these steps to protect yourself from liability and build a strong claim:
- Gather the driver’s information and insurance policy
- Notate whether the driver was making a delivery or not
- Understand which city, or local laws may apply to delivery service accidents
- Visalia, CA, requires car delivery drivers to be 18+ years of age with a valid license and insurance
- Visalia’s delivery driver laws can be found here
- Do NOT admit fault
- Get a copy of the police report
Insurance companies deal with thousands of accidents all over the Golden State every year, so it may be difficult to get them to pay attention to your claim. However, if you contact a personal injury attorney, they will have no choice but to take your claim seriously.
What If Multiple Vehicles Are at Fault in a Walmart Spark Accident in Visalia?
Multiple drivers may be “at fault” in your Walmart Spark accident. Even if you’re partially at fault, you are still entitled to recover damages because California is a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to still receive compensation. This is reflected in the Comparative Negligence Law:
“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.”
A legal case known as Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) is an example of when the Supreme Court of California ruled that injured drivers were still entitled to compensation, regardless of their role in the accident.
What is the Typical Compensation for a Walmart Spark Accident in Visalia?
If you’re injured in a Walmart Spark accident, you may be able to receive compensation for your damages. There are three damages you can claim that will have a substantial impact on the amount of compensation you can receive. They include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
Contact a Walmart Spark Accident Lawyer in Visalia
If you or a loved one have been injured due to the carelessness of a Walmart Spark delivery driver in Visalia, the experienced accident attorneys at Maison Law can help. We understand how to deal with difficult insurance adjusters and protect accident victim’s rights to fair compensation. Maison Law offers all victims and their family members a free, no-risk consultation. No upfront money is required and we only get paid if we win your case.
Contact Maison Law today for a free consultation and case evaluation.
