Can I sue Walmart for a delivery truck accident? Yes, you can sue Walmart for a delivery truck accident if it was one of their delivery trucks that you hit due to the driver’s or Walmart’s negligence.
This could even bring in aspects of premises liability if it happened on Walmart’s property. Talking to a Walmart delivery truck accident lawyer in New Orleans will help give you the most clarity on your case.
What Circumstances Allow for Walmart to Be Sued for a Delivery Truck Accident?
In the shortest terms, being hit by a Walmart delivery truck due to the truck driver’s negligence or negligence that traces back to Walmart itself can allow you to sue Walmart for a delivery truck accident. The team at Scott Vicknair Injury Lawyers will have to provide proof of negligence, which can be hard work if Walmart makes it challenging to obtain evidence like security footage or maintenance logs.
A good example of a situation you could sue for is if you were driving along a road and a Walmart delivery truck ignored a stop sign, causing them to slam into you at an intersection where you had the right-of-way. The driver, for whatever reason, was negligent about a traffic rule set in place for everyone’s safety. With proper documentation and presentation, we can easily present a case that proves liability.
We know that improper maintenance causes preventable commercial truck accidents in many cases, and we may explore this factor in your case.
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(504) 500-1111You Can Sue Walmart for a Delivery Truck Accident if You Take the Right Steps
The chaos of accidents can be a major obstacle for you as far as what to do after a truck accident, but making the effort to take the proper steps can set you up for success later on when we pursue legal action. You can sue Walmart for a delivery truck accident much more easily by taking the right action following the accident:
- Call emergency services and seek medical attention
- Obtain the driver’s contact and employment details
- Document the scene with photos and videos
- Get contact information from any witnesses
- Request a copy of the police report
- Do not admit fault or speak extensively with the other party
- Contact a lawyer right away
If the accident was severe enough to leave you incapacitated at the scene, we can work on finding witnesses, security footage, and police reports available once we start working on your case. We do not want Walmart’s drivers & transportation employees to get away with negligence just because you were unable to take immediate action at the scene.
You Could Sue Walmart for a Delivery Truck Accident for a Variety of Causes
Handling the burden of proof means relying on one or more suable causes of the accident that show Walmart or its driver was negligent. We have seen these in many cases of different kinds, but they also apply to Walmart delivery trucks. Keep these in mind when talking with a lawyer to help inform your questions and answers:
- Distracted driving
- Fatigue or hours-of-service violations
- Speeding or aggressive driving
- Unsafe lane changes
- Improperly loaded cargo
- Lack of proper training or licensing
- Mechanical failure due to poor maintenance
- Gross negligence on Walmart property, under Louisiana RS § 9:2791
There could even be more reasons to sue, like violations of federal regulations, that we can determine through thorough conversations with you. Very specific circumstances could even lead to causes from the truck’s manufacturer or road conditions, both of which mean we cannot sue Walmart for a delivery truck accident like we would otherwise.
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(504) 500-1111You May Not Be Able to Sue Walmart If It Is Past the Statute of Limitations
Louisiana does not allow anyone to sue after an indefinite amount of time after an accident, including a Walmart delivery truck accident. According to Louisiana RS § 23:1209, you have two years to file your claim starting from the date of the accident. This time limit can change under very specific circumstances, so be sure to discuss this with your attorney before trying to file too late or not at all.
Exceptions to the personal injury statute of limitations in Louisiana only apply to certain cases, such as if the victim was a minor at the time of the accident, the at-fault party left the state, or you were unaware of the damages until a later date. While the latter of those is unlikely in a Walmart delivery truck accident, these could all add time to the filing time limit if they apply to your case.
If you are suing Walmart for a delivery truck accident on behalf of a deceased family member, you have only one year from the time they passed to file your claim. This shorter time is unfortunate to deal with when grieving a lost loved one, but getting recovery means still taking action in enough time. Do not prevent yourself from being able to sue just for waiting too long.
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(504) 500-1111Damages You Can Sue For After a Walmart Delivery Truck Wreck
Louisiana allows you to sue for all kinds of damages that can add up to help you regain your life. You can sue Walmart for a delivery truck accident to recover damages like the ones listed here, plus ones we find during conversations with you:
- Emergency and ongoing medical care
- Lost income and reduced earning ability
- Property damage
- Rehabilitation and therapy
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
These economic and non-economic damages address many parts of your life that can be affected. As long as we can prove liability, you can sue for a Walmart delivery truck accident in Louisiana and get financial recovery that actually helps.
Talk to a New Orleans Walmart Delivery Truck Accident Lawyer About Your Case Today
Do not leave yourself wondering if you can sue Walmart for a delivery truck wreck and miss out on compensation you are entitled to.
Walmart and its insurance would love to protect their own bottom line by not paying you anything. Hire Scott Vicknair Injury Lawyers to take on your case today.