If you are injured due to someone else’s negligence or wrongful conduct, you have a legal right to bring a lawsuit against them to recover compensation. This is referred to as a personal injury lawsuit, and its purpose is to 1) deter people from injuring others; and 2) shift the cost of any resulting losses from the victim to the wrongdoer.
Individuals who work for the federal government or one of its agencies are just as likely to injure someone else as is the general public. To address situations where the negligence of a government employee, and thereby the government itself, results in someone suffering an injury or loss, federal law allows an injury victim to sue the United States government to recover damages, in certain circumstances.
If you or a loved one has been injured or killed as a result of an accident with a United States Postal Service (USPS) truck in California, you may have a claim for compensation under the Federal Tort Claims Act (FTCA).
However, filing a lawsuit under the FTCA is much more complicated than filing an ordinary lawsuit against a private individual or company. This is why it is extremely important to hire an attorney who is experienced in filing claims against government agencies to assist you with seeking compensation for your injuries and losses.
The experienced California USPS accident attorneys at eAccidents will guide you through every step of the process, and ensure that you recover maximum compensation. If you or a loved one has been injured or killed in an accident involving a USPS truck, call eAccidents today at 844-400-0123 to schedule a free consultation.
How the FTCA Works in a USPS Accident Claim in California?
Ordinarily, the federal government is immune from being sued. But, the FTCA allows an individual to bring a personal injury lawsuit against an agency of the federal government, in much the same manner as a lawsuit filed against a private individual or company under the same circumstances.
However, there are special rules that you need to follow when suing a government agency, like the USPS, under the FTCA that you do not have to follow when suing a private individual or company. What’s more, there are many other aspects of an FTCA lawsuit that can limit your ability to successfully pursue the claim.
Filing a Lawsuit Against the USPS Under The FTCA
The FTCA requires you to jump through a number of hoops before you can actually file a lawsuit against a federal agency like the USPS. First, you cannot file a lawsuit until you have filed an administrative claim with the USPS.
You must file an administrative claim with the USPS within two years of the accident. The theory behind having to file an administrative claim first is that it gives the USPS time to investigate the claim to determine if they can settle the claim prior to you actually filing a lawsuit against them.
Typically, the USPS will reject the claim. Even still, you must file an administrative claim before you can proceed with a lawsuit.
Once you have filed your administrative claim, the USPS has six months to respond to that claim. If the USPS does not respond within that time period, you have six months to file a lawsuit against the United States in the federal district court.
What Must I Prove in a Lawsuit Against the USPS?
To succeed in a lawsuit filed against the USPS under FTCA, you will need to prove the following:
- The truck driver who caused the accident was an employee of USPS, not an independent contractor hired by the USPS;
- Negligent conduct on the part of the USPS driver caused the accident in which you were injured;
- The driver’s negligent conduct occurred within the scope of his or her employment with the USPS; and
- Your injuries are a direct result of the driver’s negligent conduct.
Contact an Experienced USPS Accident Attorney in California
Recovering compensation for the injuries and losses you have sustained as a result of an accident with a USPS truck is possible, but the burden of proof is significant and the deadlines for filing and proving your claim are strict. Therefore, if you have been injured in an accident with a USPS truck, it is highly recommended that you have the assistance of an eAccidents personal injury attorney who has experience handling lawsuits against government agencies like the USPS.
The USPS accident attorneys at eAccidents have assisted numerous California citizens with filing claims against the government. We have an in-depth understanding of the FTCA process, and we know how to gather the information and evidence needed to satisfy all the required elements of an FTCA claim. Contact eAccidents today at 844-400-0123 to arrange a free consultation with a knowledgeable California USPS accident attorney.