Maison Law Accident & Injury Lawyers of Modesto advocate on behalf of UPS truck accident victims. If you or a loved one has been injured in a UPS truck accident in Modesto, our team of truck accident attorneys will exercise every legal avenue to get you the compensation you need. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation.
Do I Need a Lawyer for a USPS Truck Accident?
USPS stands for the United States Postal Service and their drivers are considered government entities. If you’ve been seriously injured after getting hit by a USPS vehicle, it is imperative to discuss your scenario with an experienced attorney familiar with Tort Claims. Personal injury law is much more complex when a government entity like USPS is involved.
When a government bus line is sued, they can invoke “sovereign immunity.” Sovereign immunity is when a government agency cannot be held liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or abuse of the law.
How Does Liability Work in a USPS Truck Accident?
One of the first steps to take when pursuing a personal injury claim against USPS is identifying the liable party. In USPS truck accidents, the common liable parties include:
- USPS: a federal entity that can be held liable for careless or reckless behavior of their employees.
- Third-Party Contractors: In certain circumstances, USPS allows their services to be contracted to private companies. If one of these third-party contractors are liable, then their employer would be liable, not USPS.
- Other drivers: careless actions by other drivers could cause a USPS truck to hit another vehicle, potentially clearing the government truck of liability.
How To File a Claim Against the USPS
Before you can pursue a lawsuit against USPS, you must submit an administrative claim to the USPS. You have two years from the date of the accident to file this claim. It should include:
- A description of the accident (what you were doing and how it happened)
- The nature and extent of your injuries
- Evidence supporting your claims (medical records, witnesses, accident report)
- The amount of compensation you are seeking
It is important to note that the government can actually outright deny or ignore your claim through “Sovereign Immunity.”. However, if your claim is denied, there is recourse for accident victims under the Federal Tort Claims Act (FTCA), which provides the following guidelines:
- Statute of Limitations: You must file your lawsuit against the government agency within six months of the denial of your administrative claim.
- Federal Court Jurisdiction: FTCA lawsuits are filed in federal court, not state court.
- Government Immunity: The FTCA provides certain immunities to the federal government, making some claims non-actionable.
What is the Typical Compensation for a USPS Accident in Modesto?
When it comes to personal injuries, no case is the same. The circumstances are always different with every accident, even in cases involving the government. However, the extent of your injuries will largely determine your settlement amount. These items can be calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
If you were found partially to blame for the accident, you are still entitled to compensation. California adheres to the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if you were partially at fault, but still got injured, you still reserve the right to compensation, it will just be reduced by the percentage at which you were at fault.
FAQ
Q: What if the USPS driver is using their personal vehicle for government work?
A: USPS may still bear responsibility depending on the circumstances. For example, if they hired an unqualified driver they can potentially be held liable for damages.
Q: How do I submit for damages in a USPS truck accident?
A: Submit Form 95 to the appropriate federal government agency and include a settlement demand for damages with your claim.
Q: What is the processing time for USPS claims?
A: The USPS has six months to respond to submitted claims. If your claim is accepted, then you’ll receive the amount requested. If your claim is rejected, then you’ll have another six months to take legal action.
Contact a USPS Truck Accident Lawyer
If you or a loved one have suffered injuries due to a USPS truck accident, we can help. Our Modesto attorneys are experts in Tort Law with years of experience in aggressively pursuing fair compensation for accident victims. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.