Nobody expects to get into an accident with a Walmart truck. These trucks are huge, heavy, and take longer to stop than a regular car. If you’re unlucky enough to be in a Walmart truck accident, you’re probably dealing with more than just a dented fender. Maybe you’re hurt. Maybe your car is totaled. Maybe you’re wondering how you’re supposed to fight a company as big as Walmart.
The truth is, these cases can get complicated fast. Walmart has lawyers. Lots of them. And their job is to pay you as little as possible. That’s why it’s so important to know what to do next. The steps you take right after the crash can make a huge difference in protecting your rights and your future.
Step 1: Get to safety and get medical help
Right after the crash, your priority should be safety. If you’re able to move, get to a safe spot away from the traffic. If you’re stuck and too injured to move, try to stay as calm as possible and wait for emergency responders.
Even if you don’t feel hurt right away, go see a doctor. Some injuries, like concussions or internal bleeding, don’t show up immediately. According to the CDC, symptoms of traumatic brain injuries can take hours or even days to appear. A medical report will also help if you need to file an insurance claim or lawsuit later.
Step 2: Call the police and file a report
Tennessee law says you must report any accident involving injuries or significant damage. According to Tennessee Code § 55-10-107, failing to report an accident can even lead to fines or legal trouble.
When officers arrive, they’ll assess the scene and write up a report. Ask the responding officer how to get a copy of the report. It may take a few days to be available..
Step 3: Gather evidence at the scene
If you’re physically able, start collecting evidence right away. Your memory will fade, and Walmart’s lawyers will be working hard to minimize their responsibility. Here’s what you need:
- Photos and videos: Take clear pictures of vehicle damage, skid marks, road signs, and injuries. If possible, record a video explaining what happened while it’s fresh in your mind.
- Driver information: Get the Walmart truck driver’s name, contact details, and insurance info.
- Witness statements: If anyone saw what happened, ask for their contact info. Witness statements can help if Walmart disputes your claim.
- Truck details: Write down the truck’s license plate, DOT number (found on the side of the cab), and any Walmart branding.
Step 4: Watch what you say
After an accident, it’s natural to feel shaken and want to talk about what happened. But be careful. Don’t give a recorded statement to Walmart’s insurance company without talking to a lawyer first. Their adjusters are trained to find ways to reduce or deny claims. Let an attorney handle those conversations.
Step 5: Notify your insurance company
You need to let your insurance company know about the accident, but keep it brief. Just stick to the facts – where and when it happened, who was involved, and that you’re seeking medical treatment. Don’t guess or speculate about injuries. Some injuries get worse over time, and you don’t want to downplay them early on.
If Walmart’s insurance company calls you, be careful. They may offer a quick settlement, but it’s probably way less than what you actually deserve. Once you accept, you can’t ask for more later. A lawyer can help you figure out if an offer is fair.
Step 6: Consult a truck accident lawyer
Take the case of comedian Tracy Morgan. In 2014, a Walmart truck hit his vehicle, leaving him severely injured and killing his friend, James McNair. The truck driver had been awake for more than 24 hours — way beyond the legal driving limit. Walmart fought hard, but eventually, Morgan settled for an undisclosed amount.
An attorney can investigate the truck driver’s records, check for violations of FMCSA regulations, and negotiate for the compensation you deserve.
Step 7: Understand what compensation you might be entitled to
Tennessee is an “at-fault” state, which means the person (or company) responsible for the accident has to pay for damages. If a Walmart truck accident injured you, you might be entitled to compensation for:
- Medical bills: Past, present, and future medical costs related to the accident.
- Lost wages: If your injuries keep you from working, you could be compensated for lost income.
- Pain and suffering: Physical pain, emotional distress, and how the accident has affected your life.
- Property damage: The cost to repair or replace your vehicle.
If the Walmart truck driver broke federal safety regulations or was acting recklessly, you might even be eligible for punitive damages. These are meant to punish Walmart and prevent similar incidents in the future.
Don’t face Walmart alone — take action now
A Walmart truck accident is not like a regular car accident. You’re dealing with a massive company with a team of lawyers ready to protect its bottom line. That’s why knowing what steps to take — and getting the right legal help — is so important.
Talk to the personal injury attorneys at Banks & Jones today for knowledgeable counsel. Contact us for a free consultation and take the first step toward getting the justice and recovery you deserve.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones