Yes, you can sue USPS if a mail truck hits you. However, since mail delivery drivers are employed by the government, they are afforded certain protections and immunities.
For that reason it is essential to consult with one of our experienced Personal Injury Lawyers at Maison Law. We understand the complexities of federal claims and can help you overcome hurdles to recovering damages from a USPS mail truck accident. Contact us today for confidential, no-cost consultation.
Suing the United States Postal Service
Filing a lawsuit against USPS is not like filing a claim against Amazon, UPS, or FedEx because the United States Postal Service is a government entity. In fact, USPS trucks are not even insured as they have sovereign immunity to protect them from injury claims. However, it is not impossible to sue the United States Postal Service for compensation.
To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California. If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own wrongful death claim. Your written, wrongful death claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the wrongful death
- A general description of damages caused by the wrongful death
- The name of the employee (if applicable) or agency that caused the wrongful death
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
What is Sovereign Immunity?
A government entity can deny your claim through sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or corruption.
Depending on the circumstances, suing the government can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
Do I Need a Lawyer for a USPS Truck Accident?
USPS stands for the United States Postal Service and their drivers are considered government entities. If you’ve been seriously injured after getting hit by a USPS vehicle, it is imperative to discuss your scenario with an experienced attorney familiar with Tort Claims. Personal injury law is much more complex when a government entity like USPS is involved.
One of the first steps to take when pursuing a personal injury claim against USPS is identifying the liable party. In USPS truck accidents, the common liable parties include:
- USPS: a federal entity that can be held liable for careless or reckless behavior of their employees.
- Third-Party Contractors: In certain circumstances, USPS allows their services to be contracted to private companies. If one of these third-party contractors are liable, then their employer would be liable, not USPS.
- Other drivers: careless actions by other drivers could cause a USPS truck to hit another vehicle, potentially clearing the government truck of liability.
How To File a Claim Against the USPS
Before you can pursue a lawsuit against USPS, you must submit an administrative claim to the USPS. You have two years from the date of the accident to file this claim. It should include:
- A description of the accident (what you were doing and how it happened)
- The nature and extent of your injuries
- Evidence supporting your claims (medical records, witnesses, accident report)
- The amount of compensation you are seeking
It is important to note that the government can actually outright deny or ignore your claim through “Sovereign Immunity.”. However, if your claim is denied, there is recourse for accident victims under the Federal Tort Claims Act (FTCA), which provides the following guidelines:
- Statute of Limitations: You must file your lawsuit against the government agency within six months of the denial of your administrative claim.
- Federal Court Jurisdiction: FTCA lawsuits are filed in federal court, not state court.
- Government Immunity: The FTCA provides certain immunities to the federal government, making some claims unactionable.
FAQ
Q: What if the USPS driver is using their personal vehicle for government work?
A: USPS may still bear responsibility depending on the circumstances. For example, if they hired an unqualified driver they can potentially be held liable for damages.
Q: How do I submit for damages in a USPS truck accident?
A: Submit Form 95 to the appropriate federal government agency and include a settlement demand for damages with your claim.
Q: What is the processing time for USPS claims?
A: The USPS has six months to respond to submitted claims. If your claim is accepted, then you’ll receive the amount requested. If your claim is rejected, then you’ll have another six months to take legal action.
Contact a USPS Mail Truck Accident Lawyer
If you or a loved one has suffered injuries due to an accident with a USPS mail truck, the Personal Injury Lawyers at Maison Law can help. Our attorneys are experts in Tort Law with years of experience in aggressively pursuing fair compensation for accident victims. Contact Maison Law today for a free consultation and case evaluation. We operate on a no-win, no-fee contingency basis. So, there are no charges unless we win your case.
