The truck drivers operating Walmart’s semi-trucks need to take particular care to protect the people around them from negligence-based accidents. Why? Because Walmart’s trucks haul thousands of pounds of goods in their trailers. Truckers who drive dangerously loaded trucks or skirt roadway laws put you at risk for serious injuries and other losses.
Fortunately, you can hold a truck driver and other parties accountable for that misconduct with help from Indiana’s Walmart truck crash lawyers. You can reach out and schedule a case evaluation with the truck accident lawyers in Indiana today to learn more about your right to loss-based compensation.
Who’s Responsible for a Walmart Truck Accident?
Usually, evidence of negligence determines your right to hold certain parties accountable for roadway accidents. When an accident involves a corporation like Walmart, though, other factors can influence your right to hold someone accountable for your losses.
Indiana personal injury lawyers are here to break down the process of assigning liability for your losses. We can assess the evidence relevant to your case as well as the contracts involved to determine who you have the right to sue in the wake of life-changing losses.
You can turn to Vaughan & Vaughan for help dividing truck crash liability between the following parties:
On-Duty Employees and the Walmart Corporation
Any truck driver who operates as a Walmart employee and is on the clock at the time of an accident may defer responsibility for that accident back to their employer. In other words, if you get into an accident with a Walmart truck driver who meets the company’s specific criteria, you may have the right to sue the company for your losses.
Independent Contractors
Walmart prefers to hire independent contractors to operate its trucks in an effort to avoid assuming responsibility for accidents those drivers may cause. Independent contractors legally view Walmart as a client, not an employer. As such, independent contractors must obtain their own insurance to protect themselves from the financial fallout of a truck accident.
If you get into an accident with a truck driver who works with Walmart as an independent contractor, you may sue that individual for loss recovery but not the corporation.
Third Parties
Walmart truck drivers don’t operate in a vacuum. Other drivers on the road can also engage in dangerous negligence. If one motorist swerves in front of a Walmart truck, that truck driver may have to take evasive – and dangerous – action to avoid getting into an accident.
If the evidence related to your accident reveals that a Walmart truck driver only engaged in roadway recklessness to avoid a crash with another vehicle, you may have the right to divide liability between the driver and another negligent party. Our team can argue for a fair distribution of fault and win you the right to receive damages from all parties responsible for your crash.
Your Case Will Get
The Attention It Deserves
How to Recover From a Walmart Truck Accident
If you want to financially recover from a Walmart truck accident, you can:
File an Insurance Claim With an Appropriate Provider
Walmart truck accidents can afford you the right to file an insurance claim with either an independent contractor’s provider or the Walmart company’s provider. We recommend that you bring an Indiana Walmart truck accident attorney to conversations with either provider’s claims adjusters, though. Why? Because claims adjusters aren’t your friends.
Claims adjusters primarily serve their insurance companies. Their goal is to protect an insurance company’s bottom line. Claims adjusters may subsequently try to deny you the compensation you deserve or otherwise minimize the losses you have the right to report.
A present attorney can challenge a claims adjuster’s attempts to alter the nature of your losses. We can even sue providers who act in bad faith. In other words, our presence in conversations with an insurance claims adjuster streamlines the process through which you can receive accident-related support.
Negotiate a Settlement Agreement
Indiana law affords you the right to file a personal injury claim against the party deemed liable for your roadway losses. So long as you submit your claim before your statute of limitations expires, you can go through the civil court system to demand loss-based compensation.
Filing a Walmart truck accident claim doesn’t commit you to the trial process. Larger corporations like Walmart often prefer to reach settlement agreements out of court. You can bring an attorney to conversations with a Walmart representative to argue for a comprehensive suite of damages based on your documented accident losses.
However, there are times when Walmart or liable independent contractors may refuse to acknowledge their role in your recent accident. If you can’t get a response from a liable party, you can request that an attorney take your Walmart truck accident claim to trial. Vaughan & Vaughan can prepare you for a bench trial or jury trial, depending on the nature of your case.
There is no fee
unless you win
Take a Walmart Truck Crash Case to Civil Court
If you want to demand compensation for a Walmart truck accident, make sure you file your personal injury claim within the deadline set by Indiana Code section 34-11-2-4. The state’s statute of limitations notes that survivors like you have two years and no longer to bring information about your losses forward in civil court.
This deadline is not flexible. If you miss the deadline, Indiana’s judges may deny you the right to request Walmart truck accident compensation through the civil system. That’s why we recommend you reach out to a personal injury lawyer as soon as you can after your initial crash.
Our Lawyers Want to Help You Financially Recover From an Accident
Walmart trucks and truck drivers haul a substantial amount of goods back and forth across Indiana every day. The demands of this job can lead some truck drivers to use illicit substances to stay awake behind the wheel or otherwise engage in negligent roadway behaviors. If you fall victim to losses due to this negligence, you can take action against an offending driver.
Indiana’s Walmart truck crash lawyers can guide you through the process of filing a personal injury claim against the party liable for your losses. You can connect with Vaughan & Vaughan today to discuss how to bring those losses to the attention of Indiana’s civil judges. Contact us now to book your free Walmart truck accident case evaluation.
