Who Is Liable in a Walmart Delivery Truck Accident?

Who is liable in a Walmart delivery truck accident depends on who was negligent. This is often Walmart or the truck driver, but in some situations, it could be a cargo loader, a vehicle manufacturer, or even a government entity.

Truck accident cases are often more complex than other kinds of personal injury claims, especially when one of the involved parties is as large and powerful as Walmart.

Our Colorado truck accident lawyers can protect your rights in this situation by filing your claim or lawsuit and meeting the liable party’s insurer on your behalf.

Why Is Walmart Liable for Accidents Their Drivers Cause?

When a delivery truck driver causes an accident—for example, if they run a red light, exceed the speed limit, or follow another vehicle too closely—your first instinct might be to file a claim against them directly.

After all, it was the driver’s poor decision that caused your crash. Why shouldn’t the driver’s insurer be the one to pay for it?

In most car accident cases, it is the negligent driver who has to pay damages. However, in cases where the driver was doing their job at the time of the crash, you will need to understand a legal concept called vicarious liability:

• Vicarious liability means that employers are responsible for their employees’ actions
• If an employee is negligent while on the job, and if that negligence causes injuries, their employer may be liable for those injuries
• Vicarious liability may not apply if the driver was a contractor instead of an employee.
• However, if the driver was the employee of another company that contracted with Walmart to deliver goods, then this other company, as the driver’s employer, may be liable in a Walmart delivery truck accident.

Issues of liability can be confusing, but you do not have to try to understand it all on your own. Our personal injury lawyers are here to explain your rights and options under the law.

What if Walmart Is Not Liable for Your Crash?

If it turns out that Walmart is not responsible for your injuries, you still have the option of identifying and filing a claim against other negligent parties. These might be:

• A cargo loader that failed to ensure the cargo was properly secured or stabilized
• A contractor that Walmart hired to deliver goods, repair the vehicles, or perform another task
• A manufacturer that sold defective products that caused the crash or worsened your injuries by malfunctioning
• A government department that failed to fix a fallen street sign or broken light, clear debris, or fill in a pothole

In some cases, more than one party might be negligent, which would make it even more difficult to determine liability and assign the correct percentage of fault to each party. Once our team finishes investigating your crash, we can answer these critical questions for you.

How Do You Prove Who Is Liable for a Walmart Delivery Truck Accident?

Before taking legal action, you will want to ensure your case is as strong as possible, especially if it turns out the liable party is a large corporation like Walmart. This requires collecting as much evidence as possible to demonstrate that the entity you are filing a claim against really was negligent:

• You can start collecting evidence before you leave the accident scene by taking photos of everything you see and getting the truck driver’s insurance information.
• Our attorneys can track down and interview eyewitnesses. We can also hire experts to confirm various aspects of your story.
• We can also request documentation from Walmart and any other involved companies to learn about official policies and SOPs, and to determine what the company knew and when.

How Do You Sue Walmart for a Delivery Truck Accident?

The legal process for filing a lawsuit differs from case to case. In many situations, filing suit is not actually your first step. Instead, once we have gathered enough evidence to support your case, we might:

• Send a demand letter to Walmart’s insurance company, sharing details of the accident and asking them to reimburse you for your losses (we can work with you to figure out which damages you are eligible for)
• Negotiate with the insurer for enough compensation to cover your physical, financial, and psychological losses
• Draw up a settlement agreement that meets your needs
• Answer your questions about the agreement so you understand everything it says before you sign it

Many cases end in this kind of pretrial settlement. Insurance companies generally prefer to avoid lawsuits and trials, as they can get very costly. If they are reluctant to negotiate or to offer a fair amount, we might go ahead and file a lawsuit just to convince them we are serious and that it is in their best interest to pay what you have asked for.

If filing the lawsuit alone is not enough to persuade them to come to the table, we can represent you at trial by:

• Presenting arguments
• Submitting evidence
• Questioning witnesses
• Complying with all courtroom rules and regulations

You only have three years to file a lawsuit under Colorado law. If you lose the right to sue, you will have much less leverage when dealing with Walmart’s insurance company. This could make it harder to convince them to pay what you need, so timely action is crucial.

Get a Free Consultation From Our Delivery Truck Accident Law Firm

Matlin Injury Law can guide you through the confusing legal and insurance process and fight for the money you deserve. Our legal team is ready to take your call and explain how we can find out who is liable in your Walmart delivery truck accident—and hold them responsible. Contact us today.