The United States Postal Service (USPS) is one of the oldest agencies of the federal government. While the USPS delivers packages just like UPS or FedEx, the fact that they are a government entity makes your route to compensation much different than an accident with a private company.
With over 220,000 vehicles in their fleet nationwide, the sheer number of USPS trucks on the road, combined with the congested streets or areas in Fresno, can lead to serious accidents. If you find yourself in this unfortunate position, you may be asking yourself how you can recover compensation for your injuries.
Work With Experienced Fresno USPS Truck Accident Lawyers at Maison Law
At Maison Law, our team of experienced Fresno USPS truck accident lawyers are here to help you. We know how devastating a USPS truck accident can be, and how difficult it can be to track down the responsible parties.
Our knowledge and experience with both California and federal law will help you bring an insurance claim or lawsuit against the USPS. Filing a claim against a federal government agency is a complex process, but with our team on your side, you can rest assured that your compensation will be taken care of. Contact us today for a free consultation.
How Are USPS Truck Accidents Different From Others?
Obviously, because the USPS is a federal agency, an accident with one of their trucks will be different from a normal truck accident.
First and foremost, USPS truck drivers are acting as federal employees when they get behind the wheel of a USPS truck or other vehicle. Further, these drivers are not covered by insurance because federal agencies enjoy immunity from certain liability claims. As odd as it might sound, you can’t file a third-party insurance claim or a traditional personal injury lawsuit in state court when you’re in an accident with a USPS truck.
However, that doesn’t mean you can’t still recover compensation. The process is just a bit different, and is still challenging. In order to recover compensation, you’ll need to file a Federal Tort Claim, which is governed by the Federal Tort Claims Act (FTCA). Under the FTCA, you must file your claim within:
- Two years of the date you were injured.
- Six months after receiving a final denial notice to a claim you made against the governmental agency.
The FTCA operates similarly to a regular personal injury lawsuit, but is intended to waive some of the government’s liability for the actions of its employees, as well as to provide accountability when their employees are negligent and cause injury to another citizen. As such, in order to recover compensation, you will need to prove the following:
- You were injured, or a government employee damaged your personal property in the accident.
- The government employee was acting within the scope of their official duties, i.e. driving the mail truck.
- The government employee was driving or acting negligently.
- The government employee’s negligent actions directly resulted in your injury or the damage to your property.
With these elements established, the government will be held liable for any damages resulting from your accident. The causes and potential injuries of a USPS truck accident can vary, but like any other accident with a large truck, injuries are almost guaranteed.
Common Causes of Fresno USPS Truck Accidents
Because of its status as the primary carrier of mail and package delivery, the USPS has a significant footprint on roads and highways nationwide. In terms of accidents that happen in Fresno, there are a number of different causes. Most of these are unique to how a USPS truck driver has to actually sort and deliver their cargo, but there are other factors in play.
Thus, the most common causes of Fresno USPS truck accidents include the following:
- Slow speeds and irregular stops – The nature of being a USPS truck driver means that they often must drive at slow speeds and stop infrequently to drop off mail to residences and businesses. Consequently, their driving pattern is unpredictable, which can cause surrounding drivers to get confused or slow to react. This, in turn, leads to accidents with a USPS truck.
- Improperly loaded or secured cargo – Like any delivery service, USPS trucks must be properly loaded with mail and other cargo. If they’re not, trucks will become unbalanced and harder to control. Further, improperly stored cargo makes these trucks likely to suffer brake failure or tire blowouts that can cause accidents.
- Wrong-side driving – Probably the most noticeable difference between normal vehicles and USPS trucks is that USPS trucks and vehicles are permitted to drive on the opposite side of the road when making deliveries. This is especially common more in rural areas than cities. When USPS trucks drive on the wrong side of the road, you can never predict when another vehicle may show up and can often result in devastating head-on collisions. USPS drivers can also operate their vehicle from the opposite side of a normal vehicle, which creates further confusion.
Additionally, not all USPS accidents are caused by drivers alone. Like any other truck or car accident, acts of negligence that take place even before the truck is started can contribute to an accident. For instance, failing to properly inspect the truck and or subjecting it to routine maintenance can cause older, more dysfunctional trucks to be out on the road. This can lead to breakdowns and other equipment failures that create accidents.
Common Injuries in Fresno USPS Truck Accidents
Because no two accidents are alike, it can be difficult to determine what type of injuries you’ll sustain. However, every accident with a USPS truck has the potential for causing injuries, especially because these trucks are larger and heavier than your car. Below is a few of the injuries that can result from USPS truck accidents in Fresno:
- Whiplash
- Broken bones
- Ligament tears
- Head, neck, and shoulder injuries
- Lacerations
- Back strains
- Traumatic Brain Injuries (TBIs)
- Burn injuries
- Loss of limbs
Like any truck accident, being injured is going to require medical care and compensation so that you can pay your bills. Depending on the severity of your injuries, you may require more long-term care, which can mean that any damages you recover will be larger.
What Damages Can You Recover From a Fresno USPS Truck Accident?
Because your claim for damages is slightly different in a USPS truck accident, the procedure for recovering damages is slightly different than a normal car accident. At the same time, the damages that are available for you to recover are no different than any other accident.
Damages that are available in a FTCA claim include:
- Accident-related medical expenses
- Lost wages
- Loss of future income, in the event you’re permanently injured
- Costs related to the damage of your vehicle or other property
- Costs related to pain and suffering
- Costs related to the psychological trauma from the accident
- Reduced quality of life
Again, these damages are general, and are not meant to be exhaustive. Just how much you can recover in your USPS truck accident claim depends on the circumstances of your particular case.
Speak With a USPS Truck Accident Lawyer in Fresno Today
At Maison Law, our number one priority is making sure your health and well-being are restored. Accidents with USPS trucks in Fresno certainly create challenges to this, but with our team of experienced truck accident lawyers by your side, you have the best chance at recovering compensation.
If you’ve been in an accident with a USPS truck in Fresno, don’t hesitate to contact us today for a free consultation.
