If you were injured in an accident involving a United States Postal Service mail truck, you might assume that you’re out of options. It must be impossible to sue a government agency, right? Well, sometimes. But not always.
Government agencies have certain protections under the doctrine of “sovereign immunity,” but that doesn’t mean they can’t be held responsible for acts of negligence. Unfortunately, many people have been seriously injured or killed due to truck driver negligence. If you were injured, it’s important that you protect your legal rights and hold the driver accountable.
The experienced attorneys at Langdon & Emison know how to navigate the complexities of lawsuits involving government agencies. Let us handle your case and obtain the money you need to pay for your injuries. Call (866) 931-2115 today.
Suing for Injuries from Mail Truck
Because the USPS is a government agency, the litigation process is different than if you were suing a privately-owned company like FedEx or UPS. These cases may be more difficult to get started, but that doesn’t mean you’ve hit a dead end.
The knowledgeable lawyers at Langdon & Emison understand the complex concepts of government litigation, including sovereign immunity and the Federal Tort Claims Act. They’ll walk you through the important steps and make sure you understand these laws and concepts.
Sovereign Immunity
The federal government is protected by sovereign immunity, meaning a private citizen cannot file a lawsuit against the government unless the government gives the citizen permission to do so. As you can imagine, sovereign immunity has created many problems for injured plaintiffs in the past.
This concept makes it virtually impossible to sue the government, but the truth is that even the government makes mistakes and should be held accountable, especially if a government worker acted negligently and injured someone else.
Justice necessitated a new law to be passed: the Federal Tort Claims Act (FTCA).
Federal Tort Claims Act
The FTCA was signed into law in 1946. It allows individuals to sue the government if they were injured or their property damaged by the “wrongful or negligent act of a federal employee acting in the scope of his or her official duties.”
The key here is “acting in the scope of his or her official duties.” The postal worker must have been on the job and operating the government-sponsored vehicle that they operate for the job. Legal intricacies can get confusing here, so it’s best to hire an attorney to help you decide whether you have a viable case.
Under the FTCA, you’ll have to prove that the employee’s negligence directly caused your injury or property damage. For example, if you were hit and injured when a postal worker backed out of a driveway without looking, you will most likely be eligible to file a lawsuit. This is because the postal worker acted negligently in the scope of their work (delivering mail).
However, the employee would not be liable if they were on lunch break.
What to Do After Being Hit by a Mail Truck
Because of the strict nature of lawsuits involving the federal government, it’s best to obtain as much evidence and information as you can post-accident. Here are a few steps you can take to protect your legal rights and get closer to obtaining the money you deserve:
If you were injured, receive medical attention.
Of course, you’ll receive the treatment you need, but you’ll also get a clear idea of the extent of your injuries, which is extremely helpful in court.
Obtain a copy of the police report.
This cannot be used in court, but it can provide a helpful picture of what occurred, potentially helping to establish fault.
Take photographs of the scene and damage.
Try to get photographic evidence of any skid marks or other marks on the road, and take plenty of pictures of the injuries you suffered and damage to your vehicle.
Contact a personal injury lawyer.
If you try and move the case forward on your own, it’s almost guaranteed to be shut down. An experienced attorney will walk you through the complex litigation process. They’ll fill out Standard Form 95 ( a necessary document for lawsuits filed under the FTCA), and they’ll fight to get you the compensation you deserve.
Helping Injured Victims
Langdon & Emison does everything in its power to protect the injured. We know how government agencies try to place the blame on our clients, and we know how to fight their common defense strategies.
If you or a loved one were injured by a USPS mail truck, you deserve justice and compensation to pay for your injuries. Call (866) 931-2115 today.
