What happens if a mail truck gets in an accident?

In accidents involving mail trucks, victims may be eligible to hold the United States Postal Service (USPS) or the delivery driver accountable for damages. The procedures for filing against the federal government differ from those for filing a truck accident claim against a private company. An Aurora truck accident lawyer at Horwitz, Horwitz & Associates can guide you through each step, from the administrative claim to a lawsuit if it comes to that.

Mail truck driving on a residential street - what happens if a mail truck gets in an accident

Who is liable for a mail truck accident?

If your accident involves an official USPS mail truck driven by a postal employee, your claim is generally against the federal government (specifically the USPS) rather than the driver individually. The USPS is only responsible when the postal worker was acting within the scope of their job at the time of the crash, like driving a delivery route rather than running a personal errand.

You could also have an accident with a mail deliverer working as an independent contractor through the USPS Contract Delivery Service. When you’re in a delivery car accident, the driver is usually liable, and you file a claim with their insurance company.

In either situation, be sure to exchange contact information with the other driver. If it’s possible to do so without hurting yourself further, collect evidence at the vehicle accident scene. Take pictures of the vehicles, capturing any damage. Note the road conditions and look for any nearby cameras that may have recorded the crash. Collect contact details from witnesses.

Can you sue the USPS after a mail truck accident?

You might be able to sue the USPS under the Federal Tort Claims Act (FTCA), but not right away. The FTCA requires you to first file an administrative claim with the USPS and wait for the agency to act on it. Only after that claim is denied (or six months pass with no decision) can you file a lawsuit in federal court. A truck accident attorney in Aurora, IL, can manage these steps and the deadlines that come with them.

How do you file a claim against the USPS?

You must submit Form SF-95 to file your claim for damage, injury, or death. You must include the following information:

  • The basis for your claim of negligence against the USPS
  • Documentation of your property damage and injuries
  • Contact information for and statements from witnesses
  • Information regarding your own insurance coverage and policy details
  • The amount of compensation you are seeking

A personal injury lawyer can investigate your accident and prepare your SF-95 so it meets the FTCA’s filing requirements before the deadline.

What amount of compensation can I expect?

It’s impossible to say how much a case is worth without knowing the situation-specifics. The extent and consequences of your injuries, the value of damaged property, the strength of your evidence, and other factors play a role in determining the value of your claim. While we can’t predict what you may receive, we’ll pursue the full compensation available to you under the law.

How long do you have to file a USPS accident claim?

You have two years from the accident or from the date you should have reasonably discovered your injuries to file your claim.

The USPS has six months to respond. Their response could be favorable. The USPS may agree to pay you the demanded compensation. Upon your acceptance, the claim closes. The response could be a request for more information, and the USPS will render a decision after reviewing that content.

The USPS could also deny your claim. If that happens, you generally have six months from the date the denial is mailed to file a lawsuit in federal court. Missing that window can end your case, so it’s worth talking to an attorney as soon as you receive a denial. Unlike a typical truck accident case, an FTCA lawsuit against the federal government is decided by a judge rather than a jury.

Talk to Horwitz, Horwitz & Associates about your mail truck accident

Horwitz, Horwitz & Associates can help you take on a mail truck accident claim, including a claim against the federal government. We work on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation for you. Call (800) 985-1819 or contact us online to set up your free consultation.