What happens if you get in an accident with a mail truck? If you are hurt in an accident with a mail truck, prioritize getting the medical care you need and then contact local law enforcement to document the scene.
There are several other factors to consider to know what could happen next, and a Las Vegas USPS truck accident lawyer can assist with your case.
Seek a Claim Against the U.S. Postal Service
After getting medical care and reporting your mail truck accident to your insurance company, you will then need to submit a claim for your losses to the United States Postal Service. This is a more complex process than it may seem. Start by documenting all of your injuries and losses with comprehensive detail and back them up with evidence.
These trucks are insured by the federal government. That is, the postal service is a self-insured agency. That means it does not follow state insurance law requirements. This means the process does not involve the simple claims that happen with traditional car accidents.
Because you will be seeking a claim against the federal government, hiring an attorney becomes a critical investment. The process requires numerous steps and often leads to dozens of questions and concerns. Having an attorney by your side can prove essential. Talk to a Las Vegas truck accident lawyer today.
Learn About the Federal Tort Claims Act for a Mail Truck Accident
The Federal Tort Claims Act (FTCA) is a separate process you must take if you are hurt in some way by the federal government. This law provides the federal government with some protection against claims made against the government. Yet, lawsuits for medical expenses and property damage are not uncommon. This would align with a mail truck accident.
With this law, the federal government can be held liable for the damages caused by its employees if the employee was negligent or engaged in a wrongful act while they were on duty. In short, it waives the government’s sovereign immunity and gives you the ability to seek compensation for your losses.
A mail truck operated by a federal employee would apply in this situation. It would only apply in situations where you can demonstrate that the employee caused the accident and, therefore, is responsible for the losses you have. That is another one of the core components your attorney will help you navigate.
File a Claim Under the FTCA
If you believe you can file a claim under the FTCA, you or your attorney will need to take the proper steps as required under the law. This means taking action within two years of the date of the accident.
This is a very strict timeline, meaning you cannot wait to seek legal action. To file a claim, you must submit Standard Form 95. This document will require documentation of what happened and evidence to support it. Some of the information you will need to submit includes:
- Basis of the claim: Document the details of the accident, demonstrating that the USPS driver was negligent. During this process, avoid claiming any fault even indirectly.
- Property damage: Detail the damages you have. Include damage information to your vehicle and any property other than the vehicle.
- Injury documentation: Provide an outline of all injuries suffered, as well as the associated losses from them. This should include medical expenses you have from the injuries, as well as any lost time at work that resulted from the injuries. You should include expected future medical needs as well.
- Witness information: Provide the name and contact information, as well as detailed witness statements. Include anyone who saw what happened before, during, or after the accident took place.
- Submit your information: Provide information about your insurance coverage, including the type of coverage you have, recent claims, and your policy information.
- Settlement demand: With all of this information, you must also provide a settlement demand letter. This letter documents all of the injuries you are seeking.
All of this information must be submitted on time and completely. If you make any mistakes, a denial is likely, which can lead to complications later.
We strongly recommend working with an experienced mail truck accident lawyer. The federal government has experienced legal professionals and insurance adjusters working against you.
Wait for a Response from the USPS Following a Mail Truck Accident
Once you submit the claim to the USPS, you will then have to wait for a response. It is wise to answer any questions that they may have if you are contacted.
Alternatively, allow your attorney to handle this process for you. Because proving these cases can be complex, you can expect questions, or your attorney will handle the entire process for you.
Most of the time, the USPS will process your claim efficiently to some degree. They have up to six months to respond to your demand for compensation following a mail truck accident. They can respond by agreeing to the settlement demand that you have made, or they may require more information. In some situations, they may deny your claim outright.
In situations where your claim receives a denial, you can still take action. At this point, you will need to file a lawsuit against the at-fault parties, and that also means acting quickly.
The law gives you just six months from the date of the rejected claim from the USPS to seek a lawsuit. If you wait beyond that, you lose the right to seek compensation. Speak with a Las Vegas personal injury lawyer today.
Seek the Legal Guidance of a Mail Truck Attorney Before Settling
If you are hurt in an accident with a mail truck, focus on getting healthy and documenting your losses. Then, work with an attorney who can provide you with a complete review of your case during a free consultation.
By taking these steps, you minimize the risk of not getting the compensation owed to you under the law. Contact a Las Vegas USPS truck accident lawyer with H&P Law today.
