Maison Law represents injured mail truck accident victims in Turlock. If your life has been altered in any way after suffering a truck accident injury, then we can help you recover damages from the responsible party. Whether your case requires an in-depth investigation or you need to recover compensation fast, our law office is only a phone call away. Contact Maison Law today for a no-cost, no-obligation consultation and get the legal help you need.
Do I Need a Mail Truck Accident Lawyer?
Accidents with mail trucks happen more often than you might think. According to the USPS, there are roughly 26,000 reported vehicle accidents with mail trucks every single year. That averages out to around 70 crashes per day. And with Turlock’s dense residential neighborhoods and rural delivery routes, mail trucks present a hazard to drivers and pedestrians across the city.
If you’ve found yourself in an accident with a mail truck, you can file a claim on your own, but it is recommended to contact a Personal Injury Lawyer at Maison Law. Filing a claim against USPS is notoriously complicated because you’ll be filing a claim against the Federal Government. But, regardless, you are still entitled to damages if the mail truck is at fault for the accident.
So, to be sure you’re taking the necessary legal steps, we recommend consulting with one of our USPS Mail Truck Accident Lawyers at Maison Law. Our law firm will provide you with the following legal services:
- Investigating and determining wrongdoing or recklessness: Mail truck accidents are complicated, especially because they involve the government. Suing the government is more complicated than an ordinary personal injury claim, but don’t worry, we’re here to help.
- Collecting and preserving key evidence: Trucking logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. Our lawyers will take the proper legal steps to obtain this information and strengthen your claim.
- Communicating with the OKC government and other attorneys: It is recommended to have an attorney speak to the government and their attorneys on your behalf. At Ylla | Gosney, our attorneys will protect you from liability and your right to fair compensation.
- Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. Our attorneys will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
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 accident
- A general description of damages caused by the accident
- The name of the employee (if applicable) or agency that caused the accident
- 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).
Government Sovereign Immunity in a Mail Truck Accident
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.
How To File a Claim Against the USPS
Before you can pursue a lawsuit against USPS, you must submit an administrative claim to 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.
As you can see, these types of cases can become complicated quickly, but we’re here to help. Feel free to contact us with any questions or legal concerns, and one of our lawyers will discuss the details of your incident with you free of charge.
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 Maison Law | Turlock Mail Truck Accident Attorneys
If you or a loved one has suffered injuries due to an accident with a USPS mail truck in Turlock, the Personal Injury Lawyers at Maison Law can help. Our attorneys have experience handling claims against the government, and we’ll help you get the compensation you need to get your life back on track after your accident.
These claims have a short window for legal action, so please do not wait until it’s too late to take legal action. 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.
