Have you been hit by a mail truck or other official United States Postal Service (USPS) vehicle? Although these circumstances might seem rare, these types of accidents do happen. However, because the United States Post Office is a federal government agency, different laws and rules apply to legal claims based upon car accidents with post office vehicles or other official federal government vehicles. Therefore, it is important that you consult an attorney like the aggressive and experienced auto accident attorneys of Staver Accident Injury Lawyers, P.C. who has experience in dealing with these types of accidents in order to ensure that you recover maximum amounts for any injuries, financial losses or pain and suffering the accident may have caused you.
There are very specific laws that apply to lawsuits involving torts committed by government employees in the course of their employment. If you are hit by a USPS vehicle driven by a USPS employee, your remedy is under the Federal Tort Claims Act (FTCA) rather than under state law as would typically be the situation if you were injured in an accident with another driver who is not a federal government employee. The FTCA is very specific and only allows you to sue the United States rather than the USPS or the individual USPS employee who may have hit you.
Under the FTCA, you must act quickly to recover damages for any injuries that may have been caused in an accident with a USPS vehicle. The FTCA also sets forth a procedure that you must follow in order to pursue a tort claim against a government agency like the USPS.
You are required to file a specific form, called Form 95, with the USPS. This form requires you to state the exact nature of your claim and requires you to name a “sum certain” that you are seeking. This is a fancy way of requiring you to state the amount of damages that you contend you suffered in the accident. Once you have completed Form 95 and filed it with the USPS, then you must wait at least six months before filing a claim in federal court. Any lawsuit based upon the accident can only be filed in federal court and Form 95 MUST be filed with the USPS within two years of the accident or else any claims based on the accident are barred. The six-month time period during which you are not allowed to file a lawsuit is meant to allow the USPS to investigate your claim and, if they choose, attempt to settle the case or engage in negotiations with you and/or your attorneys to resolve the case without the necessity of filing a lawsuit. Once the six-month period has passed, you are free to file a lawsuit. Further, your attorney is permitted to assist you in preparing Form 95.
If you are interested in further information regarding the FTCA and the process of filing Form 95 regarding a motor vehicle accident with the USPS, the USPS actually has an informational web page dedicated to providing the public with information regarding tort claims against the USPS based on motor vehicle accidents or other situations.
If you have been involved in an accident with a USPS mail truck or other official vehicle driven by a USPS employee or other federal agency employee, contact the experienced personal injury attorneys of Staver Accident Injury Lawyers, P.C. right away at (312) 236-2900 for a free consultation.
Our car accident attorneys serve clients throughout the Chicago area, including Aurora, Elgin, Hinsdale, Joliet, Naperville, and Waukegan. Over our more than 15 years in existence, the aggressive attorneys of Staver Accident Injury Lawyers, P.C. have represented clients who have been injured in accidents involving federal agencies and we are well versed in the often arcane details and procedures of the FTCA and claims under the FTCA. Therefore, we will be able to provide you with a level of skill and know-how that will enable you to obtain a maximum recovery for any injuries or financial losses caused by a USPS employee in the course of your accident.