Rideshare Law Office helps injury victims in car accidents with delivery drivers in California. There’s a lot of different delivery services available in today’s market, with one of the most common being Spark, which is operated by Walmart. Like any other service, though, so many drivers and tight delivery deadlines can result in an accident that leaves you hurt. If this has happened to you or someone you care about, we can support you. Contact us today to set up a free consultation.
Why Would You Need a Lawyer?
Whether you’re driving your own car or making a delivery as a Spark driver for Walmart, there’s a legal process in place to take care of any injuries. At the same time though, needing a lawyer might not even be necessary for minor accidents.
Yet, any car accident can leave you with differing levels of injuries. Then, when you also factor in complications from it involving a Spark delivery, it adds even more complexity to the situation. At that point, you can turn to our team at Rideshare Law Office. We can:
- Explain your rights and options
- Help you through insurance issues
- Gather evidence and information
- Negotiate with the insurance company and its lawyers for a better settlement
- File a lawsuit, if needed
When you boil it down, these accidents are just like any other car accident. This means you have certain legal options in place when the accident was caused by someone else’s negligence. Our team’s support can answer your questions and keep your claim protected.
Who’s Liable When There’s a Car Accident WIth a Walmart Spark Driver?
Legally, an accident involving a Walmart Spark driver isn’t much different from a typical car accident. The key question revolves around who’s legally responsible–or liable–for covering your injuries and other losses.
It’s here that an important issue is uncovered. Even though Spark delivery drivers are making deliveries of Walmart orders, they don’t work for Walmart directly. This makes them “independent contractors.” As such, their personal car insurance typically covers any damages from the accident.
Further, Spark delivery drivers have to carry the state minimum for auto insurance coverage:
- $15,000 coverage per person for injury or death.
- $30,000 total coverage for all injuries or deaths in the other vehicle.
- $5,000 coverage for damage to the other vehicle.
Usually, the driver’s coverage is going to be more than these minimums, but there’s also the chance that they will only have the minimum. Depending on how bad your accident and injuries are, these minimums likely won’t cover everything you need. At that point, you can start looking at your legal options.
What Legal Options Do You Have After a Walmart Spark Car Accident?
One of the good things about these accidents is that your legal options don’t change. Being injured because a Walmart Spark driver (or someone else) was careless or reckless gives you the right to file an injury claim. You have two main options for doing this:
- Filing an insurance claim
- Filing a personal injury lawsuit
In most cases, insurance is involved in both options. The process usually begins with filing an insurance claim, which is faster but is controlled by the insurance company. Since their goal is to save money, it’s unlikely you’ll receive a settlement that fully covers your damages, even if you’re dealing with your own insurance.
If the insurance settlement isn’t enough, or if the other driver doesn’t have insurance, you can file a personal injury lawsuit. While this takes longer due to going through the civil court system, it increases your chances of a fair outcome because the case is overseen by a judge.
No matter which path you take, the goal is to recover “damages” based on your injuries and losses, which can include:
- Medical expenses
- Costs for vehicle repairs or replacement
- Lost income or potential future earnings
- Physical pain and suffering
- Emotional distress stemming from the accident, like anxiety or PTSD
- Reduced quality of life or loss of companionship because of your injuries
- Funeral or burial expenses if the accident resulted in a death
Like any claim, your damages are going to be closely tied to your injuries, and you have to file within two years of the date of the accident to even be able to get damages at all. So, given these factors, it’s very important to take the right steps after the accident to protect your claim.
How Can You Protect Your Walmart Spark Accident Claim?
After deciding to file an injury claim following a Walmart Spark accident, it’s up to you to prove the extent of your damages. While we can assist with this, there are several important steps you should take right after the accident to protect your health, safety, and potential case:
- Get to safety – Get out of your car and move to a safe spot away from traffic. This keeps you safe and lets you check for any injuries.
- Call 911 – If you or someone else is hurt, call 911 right away. Getting medical help is not only good for your health but also for your case. Paramedics can treat you at the scene, and follow-up care with a doctor helps document your injuries, which will be important for proving your case later.
- Start collecting evidence – If it’s safe, take pictures or videos of the accident scene. Make sure you get any vehicle damage, road conditions, and any injuries. This visual evidence is a powerful tool for showing what really happened and makes your claim stronger. Pictures or videos provide proof that’s better than relying on memory.
- Swap insurance information – It’s very important to get insurance information with everyone involved, even if you didn’t cause the accident. Most importantly, get the Walmart Spark driver’s details. This helps with filing claims and makes sure the right people are held accountable. Having all this information will help speed up the claims process.
- Watch what you say – Be careful with your words at the scene. Don’t say anything that sounds like you’re admitting fault or downplaying your injuries. Even small comments can be used against you later. Stick to the facts and save detailed discussions for when you have legal guidance.
Following these steps is critical in any car accident, but especially in an accident with a Walmart Spark driver. While you may not be at fault, you still need to present a strong case to recover damages. Each action you take after the accident plays a role in protecting your claim, and our experienced team is here to guide you through the process, helping you get the best result you can.
Walmart Spark Accident Lawyers at Rideshare Law Office Can Help You
With so many Walmart Spark delivery drivers on the road, an accident might not be as far away as you think. If you’re injured in this type of accident, it can be a tough situation, but you don’t have to go through it alone. Our team at Rideshare Law Office is here to help you recover and guide you through the legal process. Contact us today for a free, no-obligation consultation to get the legal help you need.