Low prices. Same-day delivery. Unlimited loyalty programs. Those are just some of the few things people love about America’s largest retail company. However, one thing that’s never fun is having a Walmart vehicle running into yours.
Being in an accident with a Walmart truck is a complex situation. It can take its toll on your time, money, and health. You must also navigate many protocols as a major organization, making reconciliation challenging. Likewise, it can be unclear which party is liable for damages since giant retail companies outsource their operations to share liability.
The good news is a Walmart truck accident lawyer can help you in these situations. Not only can they help you determine the liable party, but they can also make them pay for all damages. First, you must understand your rights in a Walmart truck accident and what to do if involved.
How does Walmart Trucking operate?
Walmart is the biggest retail company in the United States, delivering billions of items annually. In 2023 alone, they offered same-day pickup services in 4600 locations. They hire thousands of in-house and independent contractor delivery truck drivers to meet these deliveries.
Furthermore, Walmart is responsible for taxes, employment benefits, and trucking accident claims involving in-house drivers. Meanwhile, independent contractor drivers handle their taxes and must have personal and commercial car insurance coverage to work for the company.
Who is Liable for a Walmart Truck Accident?
Determining the liable party in a Walmart truck accident can be tricky. This is one of the reasons major retail corporations hire independent contractors while they also have insurance providers.
Having said that, Walmart may be the primary liable party. Especially if the driver operated according to the company’s policies and followed safety rules. On the other hand, the driver may be liable if they’re an independent contractor. Since Walmart is not a hiring company, the driver will be held accountable for the accident and damages.
Lastly, the vehicle manufacturer or leasing company may also be liable. If investigations show that the accident was due to a mechanical or manufacturing fault, the victims can sue the manufacturer.
Other parties may also be liable for Walmart truck accidents. From truck loaders to road construction companies, any entity whose error contributed significantly to the accident can be held responsible.
Considering the liability party, you need the help of a Walmart truck accident law firm to sue the right person and claim your damages.
What To Do in a Walmart Truck Accident
1. Call the Accident Helpline
If you’ve taken every safety precaution and an accident still occurs with a Walmart truck, call the accident helpline immediately. Report the situation and remain at the accident site until the police or medical team shows up.
Fleeing the scene may harm your chances of getting justice. You may also be charged with a felony regardless of who caused the accident.
2. Involve Your Lawyer Immediately
After calling the police and gathering evidence, involve a truck accident law firm immediately. Without legal guidance, you may miss out on crucial information. More importantly, you may lose your right to any insurance claim.
To illustrate, there’s always a statute of limitations for a truck accident claim. The statute of limitations for road accidents in the United States varies by state. Some states offer as little as one or two years. You must file any accident claim in a civil court for compensation during this period. If the statute of limitations expires, you may lose your rights to any claim for road accident losses.
3. File an Insurance Claim Lawsuit
Filing an insurance claim lawsuit can be challenging. Usually, you file the insurance claim with Walmart’s insurance handler or their independent contractor’s insurance company.
Insurance companies typically hesitate to pay insurance claims. Thus, they find ways to deny liability.
You must involve a Walmart truck accident law firm in these situations. Their presence and involvement will help you get the compensation you deserve. They may also sue the insurance providers directly for any suspicion of foul play.
4. Be Open to a Settlement Agreement outside the Courtroom
Filing a lawsuit against Walmart raises eyebrows and draws their attention. Major retail companies like to avoid bad press and would prefer to settle the case outside of court. Your lawyer will help you handle this crucial process by holding every liable party accountable.
They will negotiate fair compensation to cover every physical and psychological damage. If all parties fail to reach an agreement, you have the right to go to court.
5. Go to Court
Companies like Walmart or their insurance representatives may want to deny liability. The reason is simple: fear they may soon run out of business if they settle every accident claim.
Taking corporate giants like Walmart to court can be intimidating. They have endless physical and financial resources to try multiple cases simultaneously. However, they can only be matched by the prowess and grit of a formidable Walmart truck accident law firm. Having tried and won many similar cases, you have a unique chance of beating Walmart.
Conclusion
Trucking accidents happen every day. They leave the damage to property and physical health in their wake. Thus, retail giants like Walmart may try to intimidate victims by denying liability or offering unreasonable compensation.
Understanding your rights in these cases is the first step to getting the justice you deserve. The next step is working with a Walmart truck accident law firm. They can provide the legal and emotional support to guide you throughout the lawsuit. Your compensation may also be better than your expectations.
There isn’t much time left to take legal action. Call your truck accident lawyer today.
