Being involved in a truck accident with a Walmart truck can be an overwhelming, frightening experience. The aftermath of a truck accident can lead to losses such as medical expenses, lost wages, and pain and suffering. You may wonder whether there is anything you can do to get compensation for all of your losses. Who do you sue after an accident with a Walmart truck in Texas? Do you sue the driver, or should you sue Walmart or another trucking company for compensation? Our Arlington, TX truck accident attorneys from The Queenan Law Firm, P.C., invite you to keep reading, as we discuss this critical question.
Can I Sue Walmart if I Get Hit by One of Their Trucks in Texas?
If you were hit by one of Walmart’s delivery trucks, you may wonder what your next step should be. After a crash with one of the largest retailers in the U.S., you may wonder whether you can file a claim for your losses directly against Walmart. Fortunately, you can file a claim against Walmart for the negligence of its drivers because, unlike other companies, they own their delivery truck instead of relying on independent contractors. Thus, they are liable for their drivers’ negligence. This vicarious liability is known as the “respondeat superior” doctrine.
While you are able to file a personal injury claim against Walmart, it doesn’t mean they will comply and pay right away. This mega-corporation has a full legal team dedicated to fighting every claim against them, especially truck accident claims. Due to their influence and strong presence, Walmart often takes a brazen approach when trying to resolve a claim.
Many times, they will approach the claimant to provide them with a settlement offer. Most of Walmart’s initial settlement offers will rarely compensate for all of your losses. Many injured victims may feel overwhelmed by Walmart’s approach and may be tempted to take their settlement. It is essential to understand that Walmart will insist on a settlement to avoid court litigation. This is because, through a personal injury lawsuit, they would be forced to pay substantially-higher compensation to the truck accident victim.
It is critical to avoid accepting a settlement from Walmart before talking to a Texas truck accident attorney. Your lawyer can help you fight aggressively against the liable, negligent parties, and help you get the compensation you deserve.
Common Causes of Walmart Truck Accidents in Texas
Walmart is known for its dangerous delivery practices. Many times, Walmart forces its truck drivers to drive for unreasonably long hours to make delivery as fast as possible. This “time is money” approach often leads to dangerous practices that may put Walmart truck drivers and other drivers on the road at risk. Some of the most common causes of Walmart truck accidents in Texas include:
Drowsy Driving
Walmart truck drivers have to drive long distances for extended periods to meet Walmart’s tight schedules. This forces drivers to operate their vehicles past recommended driving hours. According to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers must take breaks and rest between their shifts. However, many drivers disregard the law and push themselves to drive for long hours, putting themselves and others at unnecessary risk. A fatigued driver can be hazardous, especially if they are hauling tons of pounds-worth of goods. If you suffered an accident and sustained severe injuries such as a traumatic brain injury, you can hold Walmart liable for your losses.
Speeding
As we mentioned, Walmart demands its drivers to meet tight delivery deadlines. Due to their strict approach to delivery, Walmart truck drivers engage in speeding to cover as much ground in the shortest amount of time. A massive, heavy rig driving at high speed can become a liability on the road. Thousands of people have suffered injuries, property damage, or have died in accidents caused by negligent, speeding drivers, including Walmart truck drivers. You can file a claim with a Houston personal injury lawyer against Walmart for the negligent actions of its truck drivers.
Loading Mistakes
All trucks must follow strict loading rules. This is especially for Walmart trucks, which haul tons of weight worth of merchandise on a regular basis. An error in the loading process can cause a truck to swerve or tilt, especially at highway speed, causing otherwise preventable accidents, injuries, and property loss. Fortunately, you can file a personal injury claim against Walmart for the poor choices of their drivers.
What Compensation Can I Get for a Walmart Truck Accident in Texas?
If you got hurt in an accident involving a Walmart truck in Texas, you might have an opportunity to fight for compensation. However, before you can get compensation for your losses, you will need to prove the liable driver’s negligence. You can achieve this by presenting evidence supporting your claim.
The first thing you should do is hire an experienced Texas and Dallas truck accident attorney who can help you determine the best course of action in your case. With your attorney’s assistance, you can provide evidence showing Walmart’s truck driver owed you a legal duty that was breached, caused you harm, and led to otherwise preventable losses.
Once you have proven your case, the court may grant compensation for losses such as your medical bills, lost wages, and pain and suffering. The amount of compensation you can expect from your case will depend on the circumstances surrounding it. However, your attorney can help you understand what your case may be worth.
Texas Walmart Truck Accident Attorney Offering Free Consultations
If you or a loved one was injured in a truck accident caused by a negligent Walmart truck driver in Texas, we can help. Backed by decades of experience, our Arlington, TX personal injury lawyer from The Queenan Law Firm, P.C., can help you hold the liable parties accountable for your losses and fight for your compensation. Call our law offices today and schedule your free, confidential consultation. Our phone number is (817) 476-1797.