Can You Sue the Postal Service for a Truck Accident?

Those iconic, boxy mail trucks have been in service since the 1980s. The Grumman LLV, the make and model of the USPS’s famous local delivery trucks, hasn’t changed much since it was introduced over thirty years ago. With nearly 250,000 vehicles in its fleet, the United States Postal Service is a regular on our roadways.

If you’re injured in an accident with a USPS vehicle on a Colorado roadway, you may wonder how to receive compensation for your damages and injuries. Contacting a Colorado truck accident lawyer should be at the top of your list. It’s possible to sue the USPS for your losses, but the process is highly nuanced and can take longer than other types of personal injury cases.

Do USPS Trucks Cause a Lot of Accidents?

It isn’t hard to imagine an accident occurring with a USPS truck. Notoriously cumbersome and lacking a rear window, postal workers must also operate these vehicles from the opposite side of the car. The USPS does not release annual information about vehicle crashes involving their fleet, but a report released by USPS in 2022 showed that the number of accidents involving Post Office™ vehicles reached 29,000 in 2019. Considering the size of the fleet, that’s about a 12% crash rate, which means accidents are happening more frequently than we realize.

Additionally, the USPS contracts numerous vehicles through third parties. With over 4,600 contracts for non-USPS vehicles used for USPS freight, there’s an even higher chance that a person could be involved in an accident with a USPS-affiliated vehicle. It’s impossible to get crash statistics for these contracted vehicles because a recent audit showed that the USPS does not track crash data for contracted vehicles.

What Happens When a Post Office Truck Causes an Accident?

If you’re involved in an accident with a USPS-owned vehicle, you should take immediate steps to file a claim and protect your right to receive compensation.

Step One: Hire a Lawyer

Finding a lawyer who sues the Post Office can be challenging, but having an experienced attorney on your side can mean the difference between filing claims correctly and building a successful case, or missing deadlines and being unable to recoup your expenses. Be assured that the USPS has an entire legal team on its side to defend its position and protect its interests.

Step Two: File Form 95: Claim for Damage, Injury, or Death

The first step after hiring a lawyer is to file a Form 95. This form will include information about the accident, the federal agency and employee that was involved, and your losses. You have two years from the date of your accident to file this form, but you cannot bring a lawsuit against the USPS without first filing a Form 95.

Step Three: Accept Settlement, If Offered

After your form has been filed, the USPS is required to respond within six months. If they pay your claim, you may accept the claim and return to regularly scheduled business. If they deny your claim, you may file a lawsuit against them per the Federal Tort Claims Act (FTCA) within six months.

Is the Post Office Immune From Lawsuits?

No, the Post Office does not have automatic immunity from lawsuits. The process for filing a suit against the USPS is simply more strict than filing against a civilian. Suing a federal agency like the USPS involves filing a lawsuit under the FTCA. To file under the Act, you must prove:

• You were injured or your property was damaged by a federal government employee
• The government employee was acting within the scope of their official duties
• The employee was acting in negligence; and
• The negligence of the employee proximately caused the injury or damage you sustained.

Hiring an attorney can help you avoid wasting valuable time over questions like, “How do I file an accident claim with the USPS,” and “How to sue the Post Office for negligence.” An experienced attorney can help you file a claim with the USPS and handle the direction of a lawsuit if one is necessary.

What Happens If the Driver Isn’t a USPS Employee?

Because the USPS contracts vehicles and drivers for its freight, the likelihood that your USPS accident might involve a contracted vehicle or employee is high. According to audits performed by the Office of the Inspector General, accidents involving USPS contracted vehicles and drivers cost 89 lives over the course of three years. Shockingly, the USPS did not cancel any of the contracts when these accidents occurred.

For these incidents, you will still need to proceed as outlined above, by filing a Form 95. Then, call Frank Azar Car & Truck Accident Lawyers to schedule a free consultation. We can determine whether additional liability is held by the contracted agency, driver, or any other owner/operator of the vehicle.

Do Mail Trucks Always Have Right of Way?

No. This is an urban myth, just like the myth that hitting a mail truck is a felony. Mail trucks must follow all of the same traffic laws as civilian vehicles, and yield the right-of-way to emergency vehicles and pedestrians.

What Damages Can You Seek in a Lawsuit Against the Post Office?

With most personal injury cases, including lawsuits against the Post Office, you can seek:

• Economic losses. Economic losses are those that can be quantified with a dollar amount. These include property damage, medical bills and therapies, missed pay, and the like.
• Non-economic losses. Non-economic losses include compensation for pain and suffering, loss of quality of life, and post-traumatic stress disorder.

One of our Colorado truck accident lawyers can review up your claim and help ascribe dollar amounts to non-economic damages to protect you from accepting low-ball settlement offers.

Can You Sue the Post Office for Emotional Distress?

It’s possible, but you’ll need to be able to prove that your emotional distress was a direct result of the accident, and you’ll have to prove that the USPS and their employee or contractor were negligent as referenced above. Emotional distress is a real occurrence and is considered an item of non-economic damage.

Do You Have a Colorado Truck Accident Lawyer Near Me?

With offices in and around Aurora, Colorado Springs, Denver, Fort Collins, Greeley, Grand Junction, Pueblo, and Thornton, our team of dedicated injury lawyers is never far away. Call or contact Frank Azar Car & Truck Accident Lawyers today.

Helping People Injured by Mail and USPS Trucks in Colorado

If you’ve been injured in a car crash with a USPS truck or vehicle in Colorado, contact Frank Azar Car & Truck Accident Lawyers today. We look forward to meeting with you to discuss your case and help relieve the burden of fighting a government agency alone.