18 Wheeler Accident Prompts Lawsuit Against Walmart Truck Driver

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Following a devastating 18 wheeler accident, Walmart faces a lawsuit aimed at holding the company accountable for their driver’s actions.

Plaintiff Cindy N. has filed a suit against Walmart Stores East LP and Wabash National Corporation, attempting to hold the companies responsible for an accident involving a Walmart truck driver.

In May 2017, Cindy was driving in the Walmart Distribution Center in Pennsylvania when she was allegedly hit by a Walmart truck driver. The plaintiff says the driver was in her lane, driving too fast, driving recklessly, and breaking traffic laws.

“As a direct and consequential result of the negligent, careless, and/or reckless conduct [the driver], described above, [Cindy] suffered various serious and permanent personal injuries, serious impairment of bodily function and/or permanent serious disfigurement and/or aggravation of pre-existing conditions, all to [Cindy’s] great loss and detriment,” the Walmart lawsuit states.

Because of the truck’s size and weight, an 18 wheeler accident is more dangerous than a typical motor vehicle accident. According to the Federal Motor Carrier Safety Administration, 4,311 large trucks were involved in fatal crashes in 2015.

Were you injured in a commercial semi-truck accident? Contact the experienced attorneys at McDonald Worley today for a FREE case evaluation. 

18 Wheeler Accident Lawsuits

These accidents are more likely to result in high medical expenses, property damage, and even death, recovering compensation and navigating the insurance process can be more time consuming and complicated. Additionally, trucks are less likely to sustain serious damage than smaller cars involved in a 18 wheeler accident.

Cindy aims to hold Walmart responsible for the 18 wheeler accident for insurance and legal reasons. Determining fault in accidents involving a semi-truck can become complicated. A driver of a truck may be at fault, but the trucking company and their insurance company also can be help liable. These entities also work to pay as little as possible in the aftermath of an 18 wheeler accident.

A variety of factors contribute to which parties can be held accountable for an accident. Truckers who use their own rig and pay for their own gas, insurance and maintenance are typically independent contractors and their employers cannot be held accountable. If the cause of the accident was based on trucking company policy, employers can typically be held accountable. If the truck driver acted intentionally to harm another driver, insurance is also changed.

Additionally, there are a variety of state and federal laws that can apply to specific situations. Whenever a large truck is involved in an accident, many factors come into play as smaller car drivers attempt to recover compensation for injuries and vehicle damages and truck drivers and their companies try to minimize the costs of settling any claim.

Cindy accuses the defendants of negligence and negligent entrustment. The lawsuit seeks damages of $75,000, court costs, and attorneys’ fees.

The Walmart 18 Wheeler Accident Lawsuit is Case No. 3:18-cv-00743-UN2, in the U.S. District Court for the Middle District of Pennsylvania.

Were you injured in a commercial semi-truck accident? Contact the experienced attorneys at McDonald Worley today for a FREE case evaluation.