If you are hit by a USPS mail truck, keep in mind that getting compensation for your losses is not as simple as handling a regular car accident claim. The U.S. Postal Service (USPS) is proud of the fact that the mail gets delivered no matter the weather. It’s comforting to know those letters and packages always get through, but for drivers, it means you’ll rarely be on the road without seeing a USPS vehicle somewhere on your trip. The little white mail trucks you most commonly see slowly moving from mailbox to mailbox can be a nuisance, but they can also present dangerous hazards on the streets around Philadelphia.
Filing a Claim against USPS and the Federal Government
The United States Postal Service is an independent agency of the executive branch of the United States federal government. This means a lawsuit against the U.S. Mail can be complicated. Basically, the federal government can only be sued if they give you permission to sue them.
What we’re really talking about is the “Federal Tort Claims Act (FTCA)”. Basically, the federal government allows you up to 2 years after an accident to file an administrative claim against them. This claim allows the government to look over your case and determine if they think you have a reasonable claim. It’s important to file this administrative claim as soon as possible due to the possibly long process ahead. The government has 6 months to respond to your claim. They may deny it, or they may decide to pay you some or all of the damages you seek to recover. If they deny the claim, then you have another 6 months to file a lawsuit.
This process may seem complicated, and that’s because it is. The good news is that a local attorney who is experienced in these accident cases can navigate this process for you. The federal government does payout on injury claims, but it just adds a few more steps than a normal injury liability claim would have.
Here’s some more details about the FTCA:
The Federal Tort Claims Act (FTCA) for Mail Truck Accidents
The Federal Tort Claims Act (FTCA) establishes the legal framework for seeking compensation when a USPS mail truck accident results in injury or property damage. Normally, the doctrine of sovereign immunity protects the U.S. government from lawsuits. However, the FTCA provides a limited waiver of this immunity, allowing private citizens to sue the United States for torts, such as negligence, committed by federal employees acting within their official duties. This means that if a postal driver’s negligence causes an accident while they are on their route, the injured party can pursue a claim against the federal government rather than the individual driver.
Pursuing a claim under the FTCA for a USPS truck accident involves a strict and mandatory process that differs significantly from a typical car accident lawsuit. Before a lawsuit can be filed, the injured party must first submit an administrative claim to the USPS, typically using Standard Form 95. This claim must be filed within two years of the accident.
The “Sum Certain” Rule and Its Consequences
A critical requirement of the administrative claim is that it must state a specific amount of damages sought, known as a “sum certain.” This figure is not a casual estimate; it has significant legal consequences. The amount you state on your SF 95 generally acts as a cap on the amount you can recover later in a lawsuit. For example, if you claim $100,000 in damages on your administrative form, you typically cannot sue for more than $100,000 in court, even if your injuries turn out to be more severe than you initially thought. Exceptions are rare and are only made if the increased amount is based on newly-discovered evidence that was not reasonably available when the claim was filed. This makes it essential to carefully calculate all past and future damages (including medical bills, lost wages, and pain and suffering) before submitting the claim.
Agency Review and USPS Lawsuit Deadlines
After the administrative claim is filed, the USPS has 6 months to respond. The timeline for filing a lawsuit in federal court depends entirely on the agency’s action or inaction:
- If the USPS formally denies the claim: The claimant must file a lawsuit in federal court within 6 months from the date the written denial is mailed. Missing this deadline will permanently bar the claim.
- If the USPS fails to respond within 6 months: This silence is considered a “deemed denial,” and the claimant gains the option to file a lawsuit at any time after the 6-month period has passed. However, it is extremely risky to wait indefinitely. While the specific six-month deadline is not triggered without a formal denial, a court could still dismiss a lawsuit for unreasonable delay. The safest legal practice is to proceed with filing a lawsuit within a reasonable period after the agency’s six-month review window closes.
These procedural requirements are rigidly enforced, and failure to comply can permanently bar the right to recovery.
Mail Truck Traffic Dangers
A USPS report documented 29,000 accidents involving USPS vehicles in 2019. Nearly half of those accidents were attributed to newer employees with less job experience.
Add to those numbers the 2020 news reported by VICE that the little white mail trucks have been catching fire at an alarming rate. Since May 2014, at least 407 of the trucks have been damaged or destroyed in fires. Vice also points out that the fleet of trucks is around 30 years old and badly in need of replacement.
A distracted delivery driver or even a vehicle malfunction can cause you to be in a collision. You may be left with serious injuries and unable to determine who should be held responsible when an employee who works for a federal agency was to blame.
A Philadelphia attorney from The Pearce Law Firm can help you with these questions and determine the best way to get compensation for your recovery from those who caused the accident.
Contributing Factors in USPS Accidents
Distracted drivers are a national epidemic and cause many accidents every day. Any employees who work from behind the wheel have many reasons to be distracted by their job. A mail driver can be focused on a delivery and not be watching the road.
Careless driving may be to blame for a USPS employee making an unsafe movement and causing a collision. There are many factors that can come into play when considering a claim against a federal agency like the USPS :
- Driver and U.S. Postal Service safety records.
- Driver’s amount of sleep and emotional state.
- Overloaded trucks and proper weight distribution.
- Poor maintenance of van or truck.
- Problem with a part on the truck made by the truck’s manufacturer.
- Defective tires.
Compensation Expected in a USPS Accident Case
After an accident, you’ll want to gather as much evidence as you can, contact witnesses, and collect documents you’ll need to build a strong case against the USPS and their driver.
If you file a claim you can try to recover compensation for some of the physical, emotional, and financial hardships you’ve suffered. These damages can include:
- Hospital and medical expenses.
- Past and future lost earnings.
- Past and future permanent physical disability such as a limp, scars, loss of a limb.
- Money towards counseling and psychological services to help you recover emotionally.
- Damage or destruction of property.
- Physical pain and suffering
- Loss of enjoyment of life.
Contact a USPS Mail Truck Accident Lawyer Near You in PA & South Jersey
If you’ve been injured in an accident caused by a USPS driver you will need to make sure your financial and medical care needs are covered. Filing a claim against the federal government may seem intimidating, but if a USPS driver is responsible for your injuries then you’ll need to seek compensation to protect yourself and your family’s future. You’ll need an experienced attorney on your side who can guide you through this process.
After any accident involving a serious injury, contact a highly rated Philadelphia Delivery Driver Accident Lawyer such as Edith Pearce. Unlike the huge firms with dozens of attorneys handling different aspects of your case, Edith Pearce is personally involved in every case that we handle. She genuinely cares about her clients and you will not be treated like just another case or file.
This article is not legal advice.
