Mail delivery trucks frequent our highways day and night, delivering letters and parcels to private individuals, businesses and other organizations. Drivers are under pressure to drive quickly to meet deadlines and they frequently experience fatigue after long hours behind the wheel. This is the time when concentration could be lost and an accident could happen. If you have been injured by a mail truck you may have grounds to file a damages claim but you have to be able to prove the delivery driver was negligent first.
Proving Negligence
One of the problems you may be up against when trying to file a PI claim against is that it is a government entity which technically is protected by sovereign immunity meaning you can’t sue. This is just in force to put you off filing a claim. As soon as you have the proof that the delivery driver was negligent like s/he was eating, talking on a cell phone, speeding or sleeping then you should send in a notice of claim to the offending party. This is normally rejected and you are sent a denial notice. This won’t stop you as the next step is compiling a demand letter which contains all the elements of the PI claim including the proof that the delivery driver was negligent.
What to Include in a Demand Letter Proving Negligence
The demand letter should be a concise, well written easy to read document. It should include a description of the accident including how it happened and who caused it. It should include a dollar value for vehicle damage, medical treatment up to now and into the future, if applicable, a dollar value of wages lost up to now and until you return to work and it should put a dollar value on pain and suffering and how this was calculated.
All this information needs to be backed up with supporting documentation such as:
- receipts from the car repairer
- receipts from prior medical treatment
- a doctor’s letter indicating recovery time
- your employer’s assessment of your wages
Lawsuits against a federal government entity can be more complicated than a private enterprise and the statute of limitations is only 2 years. If you are sure you have sufficient evidence to prove the other driver was negligent you should contact an experienced PI attorney who will help you through the process.
Why You Need a PI Attorney
An experienced PI attorney knows how difficult government entities are when it comes to a claim of negligence against one of their drivers. If you try to take on a government entity on your own you can’t expect to get such a good settlement than a PI attorney is likely to negotiate on your behalf. An experienced PI attorney knows how to build a strong case and get the settlement you are entitled to.
Additional Resources
- How Long Will it Take to Settle My Personal Injury Claim Against USPS?
- How Long Will It Take to Settle My Personal Injury Claim Against Home Depot?
*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 the USPS, or any other party, you may not be entitled to any compensation.
