If you have been hit by a mail vehicle, you may wonder how to pursue damages for your injuries. On one hand, you could pursue damages against the driver individually. However, you can also pursue damages against the employer. What do you do when the employer is the U.S. Postal Service? How do you proceed?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say.
Responsibility of the Employer
Determining fault in car accidents involving mail vehicles is handled in the same way as any other commercial driving situation. While U.S. Postal Service workers technically work for the government, they are still held to the same standard of care as any other commercial driver on the road.
Similarly, the employer (in this case, the U.S. Postal Service), is responsible for its employees while the employees are performing their assigned duties under their job. If the accident happens during the normal course of business, the employer holds responsibility for the actions of its employees.
Suing the Federal Government
However, even though the U.S. Postal Service holds responsibility for their employees, personal injury lawsuits against them have different legal implications. When a commercial truck company, such as FedEx or UPS, is involved, the injured party would be seeking payment for injuries from the company’s insurance company.
But when the USPS is involved, you are essentially suing the federal government. Suing a governmental entity comes with its own set of rules, and this is why you should contact an attorney as soon as the accident occurs to ensure that you meet any and all deadlines set by the federal government.
Otherwise, you could be barred from seeking a claim.
How to Sue the Government
There is a complex process when it comes to suing the federal government. This process is laid out in the Federal Tort Claims Act. Essentially the FTCA says that there are only specific scenarios that you are able to sue the government and that you are only able to sue the government in instances of negligence. If your suit is not specifically covered by the FTCA, there is a chance that you will not be able to continue with your suit at all.
To file a claim against the government, you will have to make sure that you file the claim with the right entity. In the case, the United States Postal Service. This claim should be filed as soon as possible. Like any personal injury case, you will have to provide a written document that contains your account of what happened, a description of why the employee was negligent and then a monetary value of the damages that you believe you are owed. In this document, you should also include any evidence that you have gathered.
At this point, you will then have to wait for the postal service to respond to your claim. If they do not compensate you with the full value, then you are able to continue with the lawsuit in court.
Suing the Employee
If you sue the individual employee, that person may attempt to argue that he or she was acting within the scope of his or her employment, and as a result, the employer should be the responsible party.
That being said, some circumstances do exist where you could attempt to sue the individual. If that person was not acting within the scope of employment but was misusing a government vehicle, the employer may attempt to dispute liability.
If the behavior of the employee was egregious or reckless, such as the driver operating the vehicle while intoxicated, you may be able to seek damages from the driver.
Factors to Consider
Odds are, you will be able to be more adequately compensated for your injuries if you seek this compensation from the employer. Employees only have so many resources, and the “pot” from which you can seek payment is higher with the entity rather than the individual.
Furthermore, the entity/employer will be more likely to seek to settle outside of court to avoid lengthy litigation. These factors should make some impact in what you decide when pursuing your claim.
Contact an Attorney Today
If you have been involved in a car accident involving a U.S. postal worker or vehicle, it is always recommended you contact an attorney as soon as possible to discuss your case if you do not currently have a lawyer or if you have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. You should speak with a personal injury attorney in your area today to receive the compensation for your:
- Medical bills
- Property damage
- Lost wages
- Pain and suffering
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against USPS, or any other party, you may not be entitled to any compensation.
