Mail delivery from the United States Postal Service (USPS) is a continuation of a centuries-old service dating back to the 1700s. One of the primary ways to transport and deliver mail in Turlock today is the use of postal mail trucks. Most of the time, they move along the Stanislaus County roads without incident, but sometimes accidents occur.
If you or someone you love has been hurt in a mail truck accident, you’re entitled to compensation for the harm you suffer. But because the USPS is part of the federal government, obtaining this relief isn’t always straightforward. If you’d like guidance on what options you have and how to proceed, contact Maison Law to talk to a Turlock mail truck accident lawyer. We offer free, no-obligation consultations, so there’s no reason not to get the help you need.
Why Mail Truck Accidents Occur
According to the USPS, there were more than 26,000 motor vehicle accidents in 2020 involving Postal Service employees. And almost half of these occurred when the mail truck’s path of travel was a straight line. So why do so many USPS delivery drivers get into accidents? There are several reasons:
- Lack of experience, especially with unfamiliar Postal Service vehicles that are very different from regular vehicles.
- Driver distractions.
- Unfamiliarity with the delivery route.
- Speeding.
- Rushed deliveries.
- Poor weather conditions.
How To Recover Damages From the USPS After an Accident
If you get hurt on Highway 99 or another major road in Turlock, your primary form of recovery (outside of filing a car insurance claim) will be to sue the person or business responsible for your injuries. But when the liable party is the USPS or one of its drivers, things aren’t so simple. Before you can sue the USPS, you need to first file an administrative claim.
Filing an Administrative Claim With the USPS
Within two years from the date of the mail truck accident, you need to file your claim. This claim must include the following information:
- Details about the accident, including what you were doing when it occurred, where it occurred, and how it happened.
- The injuries you suffered from the accident, as well as how serious they are and how they affected you.
- Evidence (like medical records, accident reports, and eyewitness statements) to support your claim and allegations that the USPS is responsible for your injuries.
- How much compensation you’re seeking from the USPS.
If the federal government wants, it can deny or ignore your claim on the basis of “sovereign immunity.” But if it does this, you’ll then have the right to file a lawsuit under the Federal Tort Claims Act (FTCA). If you take this approach, you’ll need to keep several things in mind:
- Jurisdiction: You must file your FTCA lawsuit in federal court. All else being equal, federal courts tend to be slightly more defendant-friendly than state courts.
- Statute of limitations: You have six months from the denial of your USPS administrative claim to file your FTCA lawsuit.
- Immunity: The FTCA allows the federal government to be sued, but not in all cases. There are still certain contexts where government immunity can still apply.
Do I Need To Hire a Mail Delivery Truck Lawyer?
You don’t have to, but it’s strongly recommended. Mail truck traffic injuries tend to be more complex to litigate than regular traffic accident cases because of the requirement to file an administrative claim first and sovereign immunity. Talking to a personal injury lawyer is critical to navigating this complex legal and administrative process. If you hire an attorney, you can expect them to help you with several important parts of your case:
- Claims investigation: Whether it’s submitting an administrative claim or filing a lawsuit in federal court, it’s important to have all the facts. You not only need the evidence to support your claims, but you also need to properly identify the responsible parties and figure out what laws or regulations they violated.
- Evidence collection: You might know what evidence you need, but do you know how to get it? For example, if you need traffic camera footage to help your case, do you know who to contact to obtain a copy of the accident and what paperwork to submit for such a request?
- Negotiations: Trying to recover compensation after a USPS mail van accident will likely involve a lot of lawyers and negotiating. Having an attorney to handle these for you is not only convenient, but their legal training and courtroom skills will help you obtain the highest settlement offer possible. It also helps avoid getting low-balled or giving up legal rights you didn’t realize you had.
- Prepare for litigation: Hopefully, you can recover money to pay for your lost work, car repairs, and medical bills without resorting to a lawsuit. But having an attorney by your side means having the option of suing the USPS. This can offer additional leverage during settlement negotiations. And should filing a lawsuit be required, you’ll head into court ready to go without delay.
Contact a Mail Truck Accident Lawyer at Maison Law
Getting hurt in a mail truck accident might mean extra steps in obtaining compensation. Yes, it’s more complicated, but it’s not impossible, especially when you get help from a USPS accident personal injury attorney from Maison Law. We understand the intricacies of dealing with government defendants and the extra steps and strategic changes that are involved.
To get started, contact us today. You don’t pay a thing until we recover money on your behalf. And this includes the initial consultation too – there’s no charge and no obligation by setting up an appointment.
Mail Delivery Truck Accident FAQs
What if the USPS driver is using their personal vehicle at the time of the accident?
It’s common for the USPS to require some delivery drivers to use their personal vehicles to delivery mail. This is especially true on rural routes. In these situations, the Postal Service can still potentially be responsible for the wrongful acts of their drivers. This is particularly true if the USPS knew (or should have known) they hired an unqualified driver.
How do I submit an administrative claim to the USPS after the accident?
You’ll need to submit Standard Form 95 to the appropriate federal agency, along with a settlement demand. You can do this without an attorney’s help, but it’s strongly advisable to talk to an attorney before submitting this form.
How long does it take for the USPS to process administrative claims?
Expect the USPS to take up to six months to respond. If they accept your claim, you’ll receive the amount demanded. If they reject your claim, you’ll have the option of going to court.
