You can sue USPS if a delivery driver hits your car, but you will need to follow the guidelines set by the Federal Tort Claims Act (FTCA).
A USPS truck accident lawyer in Arlington can discuss the details of your case and what to expect during the claims process.
How Does the Federal Tort Claims Act Affect Your Claim?
Because the USPS is a federal entity, it is generally protected from most lawsuits. However, the Federal Tort Claims Act allows people to sue a government entity under certain circumstances. The claim must establish the following:
- Scope of employment: The driver was performing official USPS work
- Employee Status: The driver must be a federal worker and employed directly by the USPS
- Negligence: The driver must have caused the accident while engaging in negligent behavior
These three elements can link your accident to USPS’s responsibility and give you a clear path forward to recovery. If a USPS delivery driver hits your car, the success of your claim greatly depends on this foundation and the supporting evidence you can provide.
Was the Driver Acting Within the Scope of Their Employment?
To determine if you can sue USPS for a delivery driver accident under the Federal Tort Claims Act (FTCA), it is important to establish whether or not the driver was acting within the “scope of employment.” This legal doctrine distinguishes between duties performed relating to the driver’s employment and actions that are considered personal.
For example, if the driver was on a break and on the way to lunch or several miles off their route, USPS may consider the actions “off the clock” and deny the claim. Establishing if the driver was acting within the scope of their employment may involve:
- Confirming the driver was on the assigned route
- Proving the driver was en route to deliver mail or packages
- Confirming the driver was in uniform and operating a postal vehicle
However, if the driver is in a personal vehicle, you may need to show that the vehicle was clearly marked in service of the USPS and that the driver was on the specified route to deliver mail.
Was the USPS Driver Who Hit Your Car a Federal Employee or an Independent Contractor?
It is crucial that the driver was employed by USPS and not an independent contractor. After all, independent contractor work has grown exponentially in the last decade. The United States Postal Service sometimes employs these contractors for deliveries. Long-haul deliveries are more frequently taken up by independent truck drivers.
It is critical to make the distinction, as the FTCA and your ability to sue USPS if a delivery driver hits your car depend on the driver being an active government employee. According to the United States Code, 28 U.S. Code § 2671, the term “employee of the government” is specific.
If the USPS delivery driver who hit your car is an independent contractor, you may be able to sue the driver directly. An attorney can look into the facts of your case to determine whether your claim will fall under the FTCA or a standard personal injury claim.
How is Negligence Established to Sue a USPS Delivery Driver?
Grounds for a suit will depend on establishing that the USPS driver acted negligently according to the transportation laws in Texas. Under Chapter 601, the Motor Vehicle Safety Responsibility Act, negligence may include:
- Distracted driving
- Excessive speeding
- Ignoring traffic signals or signs
- Failure to yield
- Unsafe lane changes
- Impaired driving
Commercial vehicle negligence, especially for large USPS trucks driving cross-country, may include violations of federal trucking regulations. Under the Federal Motor Carrier Safety Administration, exceeding hours of service or accidents caused by improperly loaded cargo may establish negligence.
How Does Shared Fault Affect My Ability to Sue USPS?
Texas follows a modified comparative fault system. Fault can be shared between parties and is reflected as a percentage. If a USPS delivery driver hits your car, but you were speeding, you may share in the responsibility of the accident. If you are found to be 51% at fault or more, you may be barred from any recovery.
What is the Process of Filing a Claim After a USPS Delivery Driver Hits My Car?
Before you can sue USPS, the FTCA requires that they be given an opportunity to settle the matter. Filing a claim puts USPS on notice that they have caused you harm and owe you damages.
The Standard Form 95 (SF-95) details the USPS delivery driver accident and the value of your claim. This form must be filled out accurately and with close attention to detail within two years of the accident. It is the foundation of your case, so your estimate of damages and supporting documents must be able to stand up to scrutiny.
This process allows USPS to pay your claim before filing an official lawsuit. Once the form is submitted, the agency will conduct an investigation. They will look at police reports, driver and witness statements, dash cam footage, medical records, and any other critical evidence.
How Long Does the USPS Have to Respond to My Claim?
The USPS has six months to conduct its investigation and respond. Remaining patient during this time is critical. If you file a lawsuit too soon, your case may be thrown out, and your SF-95 may be denied.
USPS may deny your claim, offer a settlement, or offer a settlement that is much lower than expected. If your claim is denied, you have just six months to file a lawsuit. If the agency does not respond within six months, it is deemed a denial and opens the door to sue USPS for a delivery driver accident.
At The Texas Law Dog, We Don’t Just Bark. We Bite.
Don’t let the federal government’s rules stop you from getting justice after an accident.
If a USPS delivery driver hit your car, you need a legal team that isn’t afraid to take on a federal agency. Let The Texas Law Dog fight for your best interests today.
