No matter where you live, there’s a good chance that you see a postal truck in your neighborhood almost every day. They’re such a common part of the daily fabric of life that most of us probably don’t think twice about them unless we’re expecting something important to arrive in the mail. But accidents involving a postal truck are just as dangerous as any other motor vehicle accident, and they happen more often than you might think. We sat down with personal injury attorney Rick Staggard to learn more.
Postal Truck Accidents Are More Common Than You Might Expect
Because of how easily mail trucks just blend into the background fabric of everyday life, most people might not expect accidents with them to be very common. Most of these accidents involve the smaller neighborhood delivery trucks that deliver your mail to your mailbox, simply because the sheer number of these vehicles increases the chances of an accident occurring with one of them.
At first glance, the types of postal vehicle accidents appear to be the same as any car accident:
- Running a red light
- Driving through a stop sign
- Changing lanes improperly
- Rear-ending a stopped car
- Cutting off another vehicle
It’s less common for a pedestrian accident to occur with a mail truck, but they can happen, especially if the postal worker is distracted or making frequent stops.
Accidents Close to Home
It’s common knowledge that more accidents happen close to home than farther away because familiarity breeds complacency. People know the area so well that they stop paying as much attention, resulting in more frequent accidents. This kind of familiarity may affect postal workers as well; they drive the same route all the time, which could increase the risk of an accident.
How Are Mail Truck Accidents Different?
While the actual accident may be similar to a regular car accident, the aftermath of an accident involving a postal truck is very different. Because the Postal Service is a federal government agency, it’s not as simple as just exchanging insurance information.
There’s No Insurance Company Involved
The Postal Service is, like many government agencies, self-insured. This means that if you have to file a claim, you’re not doing it with a private insurance company; you’re filing a claim directly with the United States Postal Service. There’s no claims adjuster to keep the process moving and close claims quickly. You’re stuck working with the rules and timelines of a federal agency.
The Federal Tort Claims Act (FTCA)
All claims that involve USPS vehicles fall under the Federal Tort Claims Act. This is the legislation, which was passed in 1914 and signed into law by President Woodrow Wilson, that allows citizens to sue the government. This law has some special requirements, however, which include:
- You have to file a special claim form (SF-95) within two years of the accident.
- The USPS then has six months to respond. (In practice, it can often take up to a year, however.)
- If your claim is denied, you only have six months to file a lawsuit in the federal court district in which the accident occurred.
If you miss any of these deadlines, then you will lose your right to recover anything from your accident altogether.
There Are No Jury Trials
One of the biggest differences between a regular personal injury case and a car accident involving a postal truck is that if it goes to trial, it will be before a judge alone, rather than before a jury. This can be a disadvantage for accident victims because a private insurer may be motivated to settle for more instead of risking a runaway verdict at a jury trial. With a case against the USPS, however, a federal judge makes the final decision. If the settlement offer is lower than what would make the victim whole, there’s less recourse for increasing the amount.
Attorney’s Fees Are Different
While the rules for how attorneys are paid in a personal injury case are different based on the state, in a case against a private insurer, there may be the opportunity to shift the fees to the insurance company or other liable party. That isn’t an option when the case is against the government. In addition, attorneys’ fees are capped by the FCTA at 20% for settlements and 25% in litigation.
Property Damage and Rental Cars
If you’re in a regular car accident, the at-fault driver’s insurance company generally covers the loss soon after the accident. This can include both the costs of the damage to your property as well as the costs of a rental car while the case is ongoing. However, that’s not the case when you’re dealing with the USPS. The government won’t cover those costs while the case is pending, which means that you may be without a vehicle during that time if you don’t have your own collision coverage. The USPS won’t resolve a property damage claim until the entire case is settled.
Dash Cam Footage Can Be More Difficult To Access
Dash cam footage can be incredibly useful evidence in a car accident case. Postal vehicles do tend to have dash cams, but the recordings from those cameras can be difficult to obtain. The federal government can be slower about sharing its records compared to private insurance companies. In some cases, attorneys may have to file suit to get that footage.
Why You Need an Experienced Mail Truck Accident Attorney
Postal truck accidents aren’t like regular car accidents. That’s why your best bet if you or a loved one has been injured in an accident with a postal vehicle or other government vehicle is to hire a personal injury attorney with specific experience in dealing with the government. Cases involving mail trucks are so different from normal ones against private insurers and individuals that an attorney with experience facing the government can be a game-changer in your case. Contact us for a free consultation regarding your case. You won’t have to pay anything unless your case is successful.
