The United States Postal Service provides an essential service to the public. However, if a USPS worker is involved in an accident, the process of recovering money for your medical bills, lost wages, and other damages can quickly become complicated. The truck accident legal team at Caruso Law Offices is here to help you demand the compensation you deserve.
Legal Complications Involving USPS Accidents
Legal claims involving USPS accidents may involve several complex issues, including:
Governmental Immunity and the Federal Tort Claims Act
USPS is a federal government agency. Therefore, it and its workers are protected by the Federal Tort Claims Act (FTCA). Generally, the government enjoys immunity from lawsuits. However, the government can waive the protection of sovereign immunity and often does so when negligence is involved.
There are special rules that you must follow and forms you must complete to pursue this type of legal claim, which vary drastically from cases involving a private party. For example, under the FTCA, you only have two years to file a lawsuit, compared to the typical three-year statute of limitations in New Mexico. Additionally, you would have to file your lawsuit, if necessary, in federal court, rather than in state court. Working with a lawyer who is experienced in handling these claims is essential to protecting your rights.
Insurance Issues
The federal government insures USPS vehicles, and the USPS is self-insured. The government agency is exempt from state vehicle insurance laws. If you are involved in an accident involving a USPS driver, this means you’ll be dealing directly with a federal agency, rather than a typical insurance company.
The situation can become even more complicated if the USPS driver was using their personal vehicle while delivering mail. USPS has over 80,000 rural delivery routes that more than 130,000 rural letter carriers service. USPS does not always provide a vehicle for all of these routes.
The USPS may still bear some liability in accidents involving personal vehicles, but so may the driver. However, if the driver does not have special insurance, their liability insurance provider could deny the claim if they were working at the time of the accident. It may be necessary to conduct an extensive investigation to determine fault and which insurance policy should apply under the circumstances.
Traffic Laws
These cases can also become more complicated because delivery drivers may have been delivering mail at the time of the accident, so their actions may not follow traditional traffic patterns.
Filing a Claim for Compensation After a USPS Accident
As stated before, you must fill out a specific form to begin your claim. However, you will be stuck with the information you provide, so it’s best to work with an experienced personal injury attorney who can gather evidence to help support your claim, including:
- Property damage reports
- Medical bills
- Witness statements
- Camera recordings
- Photos of the accident scene
- Lost wage statements
USPS has six months to respond to your claim.
Contact Us for a Free Consultation
If you were injured in an accident involving a USPS driver, contact Caruso Law Offices immediately. You have a limited amount of time to submit your claim for damages, and we can help. Call us today to arrange your free consultation.