Federal Judge Awards Driver $26.5M In USPS Crash Suit

Mail truck drivers are federal employees. That means that if you are injured in a crash with a mail truck, you’re not suing some company. You’re suing the federal government. There’s a very specific way to do that. Not all lawyers have the resources to sue the federal government.

Hickey Law firm does. These are tough cases. You want a specialist on your side. Attorney John H. (Jack) Hickey is Board Certified by The Florida Bar in Civil Trial Law. He is also Board Certified in Civil Trial by the National Board of Trial Advocacy (NBTA). Less than 1% of all attorneys hold any of these certifications.  Each of these certifications requires an all-day examination, a lengthy application where the attorney has to prove significant involvement in the area including listing of cases, proof of a certain number of trials in a 5 year period, and references by other attorneys and judges.  When you are injured, if you want to recover the most that you can, you need a specialist.

What should I do after any accident?

In the event of a mail truck accident, there are important steps to take. Just like in any regular motor vehicle accident, exchange information with the other driver, even if the truck is owned by the federal government and the driver is a government employee. Obtain their name and contact details and be sure to take photos of the damage to both vehicles. If possible, gather contact information from any witnesses who were present during the accident. This can be valuable in case of any disputes later on when establishing what happened.

If you sustain injuries in the accident, seek immediate medical attention. It doesn’t matter if you don’t feel hurt. Sometimes, injuries may not be immediately apparent. Some worsen over time. You should see a doctor.

We will contact the insurance company for the other driver and your own insurance company regardless of whether you already informed them. Your own insurance company may not have your best interests at heart. We do. We treat clients like family, and we will fight for you.

Hickey Law Firm specializes in “life changing injuries” ®.  Call us first.  Call us now.  800.215.7117.

How do you sue a federal agency like the U.S. Postal Service?

Claims against the federal government must be filed under the Federal Tort Claims Act (FTCA):

Individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting in the scope of his or her official duties may file a claim with the government for reimbursement for that injury or damage. In order to state a valid claim, the claimant must demonstrate that (1) he was injured or his property was damaged by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee was acting negligently or wrongfully; and (4) the negligent or wrongful act proximately caused the injury or damage of which he complains. The claimant must also provide documentation establishing that his claim satisfies all the elements of the FTCA.

A person wishing to make a claim for reimbursement under the FTCA for damage or injury caused by a Federal government employee must first file an administrative claim with the agency which employed the at fault person.  The Office of General Counsel (OGC) will provide a claimant with a claim form and inform him as to the required documentation.

About the case involving a mail truck

A federal judge has awarded $26.5 million in damages in a lawsuit against the U.S. Postal Service (USPS). The suit alleged that a mail truck driver caused a collision that left a motorist quadriplegic because the driver wanted to avoid walking in the rain. The collision occurred as the mail truck driver was reversing against the flow of traffic. The driver planned to backtrack to deliver a package, but USPS policy prohibits reverse driving. This policy is because of the blind spots on the truck. So, the driver went against policy, and ended up hitting the other vehicle. The impact caused the motorist to drive across his yard and crash into his neighbor’s house resulting in severe injuries. The judge rejected the federal government’s arguments and held the USPS employee responsible for the collision. The awarded damages include medical expenses, pain and suffering, and loss of consortium for the motorist and his wife.

Postal service vehicles have a history of violating safety regulations

A Wall Street Journal investigation revealed that USPS hired outside trucking companies at cut-rate prices and required them to meet aggressive schedules while disregarding highway safety rules. In the past three years, USPS contractors have been involved in at least 68 fatal crashes resulting in 79 deaths. Nearly 50 long-haul trucking contractors moving mail for USPS had such poor safety records that the Department of Transportation put them on probation. Common violations include breaking rules guarding against driver fatigue, with 39% of USPS-hired trucking firms exceeding those limits, compared to 13% of for-hire trucking companies. USPS has tolerated these violations, allegedly due to unrealistic expectations for speedy deliveries. The Postal Service plans to revamp its contracting process, requiring contractors to meet specific DOT safety and maintenance requirements. However, USPS’s limited contractor oversight and focus on cost-cutting have raised concerns about safety risks and the agency’s choice of contractors with a history of violations.

At Hickey Law Firm, we handle all vehicle accidents, including USPS mail truck accidents. Our team of Miami car accident lawyers collaborates with both your doctors to understand thoroughly your injuries and their impact on your life.

Hickey Law Firm is quality over quantity.  Our lawyers are a select, committed group dedicated to handling each case intensely.   We represent only people who have been seriously injured.  We are committed to fighting for your rights.

Call us or use our contact page today to schedule a free consultation. We only receive compensation if we secure a settlement or favorable verdict for you. You pay nothing to hire us.