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Hit by a Walmart Truck? What to Do and Who Pays

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
CA · TX · WA · English y Español · (310) 552-6959
If a Walmart truck driver caused the crash, Walmart can be responsible for the driver’s actions, and the claim usually goes to Walmart’s own claims company. Interstate trucks must follow federal safety rules on driver hours, qualifications and insurance, and the truck’s electronic logging device and camera data can be lost if no one demands it. Get medical care, then get a written preservation demand out fast.

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The federal rules that apply

  • Hours of service limit how long a truck driver may drive and require rest (49 CFR part 395). Most trucks record this on an electronic logging device.
  • Driver qualification rules require a file on each driver, including medical certification and driving record (49 CFR part 391).
  • Interstate carriers of general freight must carry at least $750,000 in liability coverage (49 CFR 387.9).

Evidence to preserve

  • Electronic logging device and engine data.
  • Forward and driver-facing camera footage.
  • The driver’s qualification and training file.
  • Dispatch records and delivery schedules.
  • Inspection and maintenance records for the tractor and trailer.

Delivery drivers

Not every vehicle delivering Walmart orders is a Walmart truck. Many home deliveries are made by drivers in their own cars through delivery apps. In those crashes, the driver’s own policy, any coverage the delivery platform provides, and whether Walmart can be held responsible all have to be sorted out early.

After a crash

  1. Call 911 and get medical care.
  2. Photograph the truck, its trailer number and any DOT number on the door.
  3. Get witness contacts and the police report number.
  4. Do not give a recorded statement to Walmart’s claims company.
  5. Have a preservation demand sent for the truck’s data and video.

Who handles your case

Michael Shemtoub founded Beverly Law in 2008 and has been licensed in California since 2007; he is also licensed in Washington. He is admitted in the U.S. District Courts for the Central and Northern Districts of California, where many Walmart cases end up after removal, and has tried cases to verdict. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Hurt in another state? Call us anyway. If we cannot take the case, we will help you find a lawyer licensed where you were hurt, at no cost to you.

Common questions

Who pays if a Walmart truck hits me?

If the Walmart driver was at fault while working, Walmart is generally responsible, and Walmart Claims Services handles the claim. Your own auto coverage may also help with immediate medical bills.

How fast should I act after a Walmart truck crash?

Right away. Truck data and video can be overwritten, and a written preservation demand puts Walmart on notice to keep it.

BEVERLY LAW · STORE INJURY ATTORNEYS

Walmart injury lawyer · Beverly Law

Hurt at a Walmart store, in its parking lot or by a Walmart truck in California, Texas or Washington? Talk to a lawyer before you talk to Walmart’s claims company. Free, confidential, English or Spanish. You owe no fees or costs unless we win.

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Related pages

All Walmart injury questions · Can I Sue Walmart If I Slip and Fall? · How Much Does Walmart Pay for a Slip and Fall? · How Long Does It Take to Settle a Slip and Fall Case With Walmart? · Does Walmart Usually Settle Out of Court? · What to Do If You Get Hurt at Walmart · Who Handles Injury Claims for Walmart? Walmart Claims Services Explained · Can You Sue Walmart for Falling Merchandise? · Walmart Parking Lot Accidents: Who Is Liable? · How Much of a Walmart Settlement Will I Actually Keep? · How Long Do You Have to Sue Walmart After an Injury? · Walmart falls in California · Walmart falls in Texas · Walmart falls in Washington · All store falls

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Sources

  1. 49 CFR part 395, hours of service of drivers (eCFR)
  2. 49 CFR part 391, qualifications of drivers (eCFR)
  3. 49 CFR 387.9, minimum levels of financial responsibility (eCFR)
  4. Walmart Claims Services Privacy Notice (Walmart Inc.)

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Beverly Law is not affiliated with Walmart; the name is used only to identify where an injury happened. Case summaries describe other people’s cases from the public sources listed; they are not Beverly Law results, and prior results do not guarantee a similar outcome. Attorney advertising. Last reviewed: November 12, 2026.

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