Walmart has gotten heavily into the delivery game in an effort to compete with Amazon.
Unfortunately, this means that there are many Walmart delivery drivers on the road covering a lot of ground – and not all of them are behaving safely behind the wheel.
If a Walmart delivery driver causes you to become involved in a crash, you need to understand the complexities associated with these claims, and you need to be ready to go up against one of the largest companies in America to fight for justice.
Monge & Associates is here to help. We have represented many clients injured by Walmart delivery drivers, and we can bring our decades of experience and rock-solid legal skills to your case.
We’ll be the advocates you deserve as we deal with Walmart’s lawyers and insurers or identify other sources of insurance coverage to compensate you.
To find out more about the help we can offer, give us a call today to talk with a Richmond Walmart delivery accident driver you can count on.
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Why Choose Monge & Associates
Monge & Associates is the right firm to turn to when you are involved in an accident with a Walmart delivery driver because we have experience with these cases, understand their complexity, and have the skills needed to give you the best chance of a fair outcome.
You should turn to our team because:
- We know how Walmart works with delivery drivers, including which drivers are independent contractors and which are employed by Walmart directly.
- We understand Richmond car accident laws and have been representing crash victims since the 1990s, so we have the general knowledge of auto accident cases you need to make a strong claim
- We care about our clients and are available 24/7, so you will always be able to get in touch with your attorney and get your questions answered
- We are not afraid to stand up to major insurers and big companies. Whether you’re dealing with an auto insurer or trying to hold Walmart accountable directly, we are ready to fight for you, and we won’t back down.
- We are skilled at negotiation and litigation. Whether your case settles or proceeds to a trial, we have the knowledge and experience to represent you. We’ve also recovered large verdicts and settlements in delivery accident cases, both in and out of court. Our track record of success shows we can craft legal arguments that resonate.
Why You Need a Specialized Walmart Delivery Accident Attorney
When you are involved in an accident with a Walmart delivery driver, there are added complications that don’t arise in typical car accident claims.
Specifically, some Walmart drivers such as Walmart private fleet drivers or those who work for Walmart’s InHome delivery service may be employed directly by Walmart.
On the other hand, other drivers who deliver Walmart goods are not necessarily employees of the company but may instead be independent contractors working through the Spark Driver platform.
When a Walmart delivery driver is an independent contractor, then Walmart is not vicariously liable for the employee’s actions during the delivery process.
If the driver is employed directly by Walmart, though, then the driver may be considered an agent of the company and Walmart could be liable under Virginia’s vicarious liability rules for its agent’s on-the-job negligence.
Walmart Spark drivers are required to have their own insurance and are not covered by Walmart’s insurance policies so accident victims have to pursue a claim against those drivers directly.
This can mean there is sometimes less insurance coverage available than in circumstances where Walmart is the employer of the person who caused harm.
Monge & Associates will help you to determine the delivery driver’s role with Walmart so you can understand what kinds of insurance coverage may be available to compensate you and so you can take steps to pursue a claim against the correct parties to maximize potential damages.
Your Legal Rights After a Walmart Delivery Accident
When you make a claim after a Walmart delivery accident, you need to make sure you take action within the statute of limitations in Virginia.
For auto accident claims, the allowable timeline for pursuing a claim is two years from the time of the incident so you should act quickly to make sure your claim is not’ time-barred.
You should also understand the kinds of compensation that may be available to you.
The goal is to “make you whole,” or put you back, as much as possible, as the position that you would have been in had the delivery driver not caused your crash to occur.
This means you should be compensated for medical bills, wage loss, pain and suffering, emotional distress, or wrongful death damages if your loved one has been killed by a Walmart delivery accident.
Virginia is one of the very few states that has a pure contributory negligence rule in place that can prevent you from taking action against a delivery driver if you share blame for the crash.
However, our firm will help you explore options for pursuing compensation based on rules like the last clear chance doctrine, so be sure to reach out to better understand your options.
How Our Richmond Walmart Delivery Accident Lawyers Can Help
Monge & Associates will assist you in the aftermath of your Walmart accident so you can navigate the legal system in the most effective way possible.
Our firm offers:
- A free case evaluation
- Help investigating the crash and collecting evidence
- Assistance in identifying appropriate defendants
- Solid negotiation skills so we can negotiate with insurers on your behalf to try to maximize compensation in an out of court settlement
- Litigation experience if your case must be resolved in court because no fair settlement offer is made.
We pride ourselves on our compassionate and knowledgeable representation, and we will be there from day one, crafting legal arguments, gathering evidence, and helping you build a strong claim.
Compensation You May Be Entitled To
Some of the different types of damages you may be entitled to recover after a collision with a Walmart delivery driver include payment for:
- Medical expenses, including current and future expenses
- Lost wages and diminished earning capacity if your injuries affect your ability to work
- Pain and suffering damages
We’ll help you prove the extent of your losses so you can try to recover the maximum compensation possible.
Richmond Walmart Delivery Accident FAQs
If you still need to know more, here are some answers to frequently asked questions about Richmond Walmart delivery accidents.
How Long Do I Have to File a Claim in Virginia?
You typically have two years from the time of an auto accident to make a claim under Virginia’s car accident statute of limitations.
What if I Was Partially at Fault for the Accident?
Virginia is a contributory negligence state, so drivers who share fault for an accident can’t recover compensation. However, there are many technical rules related to who is at fault, so even if you think you shared the blame, you should reach out to an attorney to have your case evaluated.
Can I Sue Walmart Directly for a Delivery Driver’s Negligence?
You can only sue Walmart directly for a delivery driver’s negligence if the driver was employed by Walmart and was not an independent contractor. While Walmart has a limited number of employed delivery drivers, most are independent contractors through the Spark platform, and Walmart is not directly liable for their negligence or wrongdoing.
Contact an Experienced Richmond Walmart Delivery Accident Attorney Today
If you or someone you love has been involved in a Walmart delivery accident, you should reach out to Monge & Associates ASAP so we can start helping you build your claim.
You don’t have a lot of time to waste, so schedule your free consultation today with our Richmond personal injury lawyers to find out how we can help.