Pascoe Law Firm
Mail Truck Accident
Principal office located in Friendswood, Texas.
Available to service League City, Webster, Pearland, Galveston, and the surrounding areas within Texas.
Mail Truck Accident Lawyer
Being involved in a collision with a United States Postal Service (USPS) mail truck leads to a completely different process to recover compensation than if you were in an accident with a personal vehicle or even a commercial postal delivery truck. A crash with a USPS mail truck, either a large semi or the trucks you see around town, means you are in an accident with a vehicle owned by the United States. Mail carriers do not have auto insurance for these trucks like personal drivers do for their cars or private delivery services have for their trucks. This does not mean you are not entitled to recover compensation. However, it does means you will need to work with an experienced accident lawyer to recover damages from the federal government.
Typical car and truck accidents involve drivers or employees who are either insured or can be held personally liable for any injuries that are the result of their actions. However, motor vehicle accidents involving federal postal workers are much more legally complex. This is because any employee of a government entity is immune to lawsuits via a doctrine called sovereign immunity, which protects any state or Federal government body. Injury victims are still allowed to file claims via the Federal Tort Claims Act, most people are put off by the “red tape” bureaucracy involved in the processing of claims against government workers. The Pascoe Law Firm can help you navigate the steps required to file your claim and ensure that you are able to receive fair compensation for your injuries in the event you have been involved in a motor vehicle accident with a United State Postal Service vehicle.
Postal Delivery Accident Causes
There are 214,933 vehicles in the USPS fleet, including a variety of large and small trucks, vans, and smaller vehicles. It is one of the largest civilian fleets of vehicles and employees in the world, serving 155 million addresses within the U.S. and its territories. With all of these vehicles comes the risk of collisions. After all, mail drivers are no different than anyone else. They can become distracted, overly tired, and intoxicated. They can also speed, run red lights or stop signs, and drive recklessly, all of which can lead to crashes. Other frequent causes include:
- Frequent Stops and Slow Speed – Mail delivery trucks can be part of accidents because they are not entirely like other vehicles. Mail carriers may drive below the speed limit and make irregular stops along their routes, which could be on roads where other vehicles travel 55 mph. Many of these roads do not have shoulders, so the mail truck stops on the road and blocks traffic. This slow stop-and-start process can confuse other motorists and lead to accidents.
- Improperly Loaded or Secured Cargo – This is a common cause of mail truck accidents. If the loader, driver, or mail carrier in charge of the truck did not properly secure the letters and packages as well as the truck’s doors, then it is possible for cargo to fall out of the truck and cause accidents.
- Wrong-Side of Vehicle Driving– Is another common issue that can lead to collisions and is often more prevalent in rural areas than in the city. In some rural areas, postal carriers are not provided with an official truck with the pedals and wheels on the right side of the vehicle. Instead, they have an older vehicle or use a personal car. To make their lives a little easier, some mail carriers will drive from the passenger seat rather than sit in the driver’s seat. This means they are reaching over to control the steering wheel and hit the gas and brake pedals. Being too far away significantly delays reaction times and prohibits full control of the vehicle, which could cause accidents.
- Wrong Side of Road Driving – Also, some mail carriers attempt to save time by driving on the wrong side of the road. This is often an issue on rural or quiet suburban roads where mail carriers may feel like there is no need to go past homes only to turn around and drive down the right side correctly. However, carriers never know when there will be another car on the road and driving on the left can easily lead to accidents.
Pascoe Law Firm
Friendswood, TX 77546
Phone: 713-829-4317
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Filing a Claim with the USPS
Time is Important When Filing an Injury Claim against USPS
Whenever you have a claim against a government entity, it must be filed immediately in order to secure your right to claim compensation. For this reason, it is important to retain legal representation quickly in order to make sure that your case is built properly and filed in the appropriate court within the required statute of limitations.
- Following your initial claim, you will receive a response from the government regarding your case and the amount of compensation— if any— it has agreed to provide for your injuries.
- If the initial response is not in your favor, you have the option to file a lawsuit within six months to contest the ruling and claim additional damages.
- It is during this time that you need to build your case and establish both the fault of the government employee and the financial value of your injuries.
Filing a Lawsuit Under the Federal Tort Claims Act
To attempt to recover compensation for your injuries through the government, you must file a lawsuit in federal court under the Federal Tort Claims Act (FTCA). This enables you to say that you were hurt in an accident with a federal government vehicle, which was caused by the government employee’s negligence, and you deserve compensation for your injuries. To recover under a FTCA claim, your attorney must show that:
- Your property damage or personal injuries were caused by a federal government employee
- The government employee was working at the time
- The government employee acted negligently or wrongfully
- That negligent or wrongful act is what led to your injuries or damage
There are a number of procedural rules surrounding lawsuits based on the FTCA. You should work with an attorney who can represent you in federal court and who has experienced with FTCA claims to ensure you file your lawsuit in the proper place within the correct amount of time.
