After actor and comedian Tracy Morgan’s 2014 accident with a Walmart truck driver, the potential dangers of large truck accidents were brought to the public eye. If you are lucky enough to survive an accident like Morgan’s, you may be entitled to compensation from Walmart for the injuries you suffer. If you were unfortunate enough to lose a loved one to a large truck accident, you might be entitled to substantial compensation for your loss.
The national truck accident attorneys at the Reiff Law Firm’s The Truck Accident Team represent injured truck accident victims across the country. Since Walmart has trucking depots, warehouses, and retail stores across the country, there is a high potential for being involved in an accident with a Walmart truck. Schedule a free consultation with one of our attorneys today to see what compensation you might be entitled to after your truck accident.
Dangers of Large Truck Accidents
Big-rigs, 18-wheelers, and tractor trailers are often driven by truckers who are overworked and underpaid. This often means that they are tired after long workdays on the road, and may be inattentive behind the wheel. Drowsy and tired driving can be as dangerous as drunk driving. The size, weight, and equipment on trucks also pose a special risk to other drivers on the road. Because of this, the US government has many regulations to limit the potential number of truck accident injuries on the road.
The Federal Motor Carrier Safety Administration (FMCSA) writes “Hours of Service” rules to combat tired driving. These rules limit the amount of time that a truck driver can spend on the road in one run, in one workday, and in one workweek. There are rules that limit truck drivers to no more than 8 hours of driving without a half-hour break, no more than 11 hours of driving in a day, no more than 14 hours on-duty in a day (including breaks), and no more than 60 hours on-duty in a week.
Drivers who spend too much time on the road are dangerous. Drivers can become tired, especially if they have sleep disorders like sleep apnea, and may fall asleep at the wheel. Even if they are not asleep, drowsy driving can reduce your reaction time and cause accidents. Driving too much at a time can simply make drivers less alert or create bad habits on the road.
The FMCSA’s regulations also ensure that drivers are medically fit to drive and their vehicles are safe. Truck drivers must pass physicals and drug tests. These help ensure that poor eyesight or hearing does not limit their abilities on the road, and that drivers are not hindered by drug or alcohol problems. Truck equipment requirements deal with lighting, tires, and general vehicle safety. Lastly, trucks have hard weight limits that they cannot pass, helping ensure trucks are able to stop and maneuver when necessary.
Suing Walmart for Truck Accident Injuries
Walmart is a large, multibillion dollar company that operates across the United States. This means it is more than able to pay for nearly any injuries its drivers cause, and should be held responsible if its drivers are responsible for truck accidents. The lawyers at the Reiff Law Firm’s The Truck Accident Team work hard to ensure that big companies and their legal teams do not get in the way of your compensation.
In most states, when a truck driver causes an injury, you can sue the trucking company that employs them. This is a type of “vicarious liability” known as “respondeat superior.” However, this only applies in cases where the driver’s negligence occurred while he was on-duty and working within the scope of the job he was hired to do. Any time a truck driver is behind the wheel of a Walmart truck, they are likely working within the scope of their duties. That means that you may be able to include both Walmart and the driver itself for your injuries.
Walmart uses its own trucks and drivers to deliver to stores, rather than relying on other shipping companies. This means that any problems with their trucks or drivers are ultimately Walmart’s responsibility, and Walmart would be the target of any injury lawsuit.
While insurance may be available to cover many smaller accidents, serious injury lawsuits may need to go to court. Taking the driver and Walmart to court can help guarantee you get all the compensation you may be entitled to. This could include compensation for medical expenses, lost wages, and direct compensation for pain and suffering. If you lost a loved one to a truck accident, you may be able to claim damages for their lost paychecks, lost companionship, for their death itself, and for funeral and burial costs.
Our Pennsylvania Walmart Truck Accident Lawyers Can Help
Going through insurance or accepting a settlement from Walmart may limit your ability to sue and what damages are available. Talk to a lawyer today to see what damages are available in your state and in your case. The truck accident attorneys at the Reiff Law Firm’s The Truck Accident Team represent injured truck accident victims across the country. For a free consultation on your case, call our attorneys today at (215) 709-6940.
