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What to Do After Getting Hit in a Mail Truck Accident?

what to do after getting hit in a mail truck accident

After a mail truck accident, prioritize safety first, ensuring your well-being and that of others involved. Move to a safe location, check for bodily injuries, and call emergency services if necessary. Then, document the scene, gather witness information, exchange details, and report the incident to the police and your insurer. Finally, consult a truck accident lawyer to explore legal options for compensation.

If you or your loved one has been involved in a mail truck accident in the Bronx, Manhattan, Queens, Brooklyn, or the New York City Metro Area, Uptown Injury Law PLLC truck accident lawyer can help. Call us at 917-540-8728 for a free consultation, and let us guide you through the process of seeking justice and rightful compensation after a mail truck accident.

What Should You Do If You Get Injured in a USPS Mail Truck Accident?

If you get injured in a USPS mail truck accident, prioritize your safety. Move to a secure location and dial 911 immediately. After ensuring your well-being, follow these steps promptly to protect your rights and secure the rightful compensation. These steps involve: 

1. Call 911 to Report the Accident to the Police

After a USPS mail truck accident, your first step is to call 911 and report the accident to the police. Why? Well, the police help keep things in order and make sure everyone is safe. When they arrive, they’ll take charge, manage the scene, and assist anyone who needs help.

They’ll interview witnesses, gather information, and create an official report. This report is important as it serves as invaluable evidence for insurance claims or legal matters related to the accident. So, calling the police immediately is a smart move to ensure everything gets documented properly.

2. Document the Accident Scene with Photographs

Taking pictures of the accident scene is necessary. It helps create a visual record of what happened, and this can be useful for insurance claims or any legal matters that might come up later. Ensure thorough photo documentation by capturing:

  • The overall scene, including the positions of vehicles and any surrounding landmarks.
  • Close-up shots of vehicle damage from multiple angles.
  • Any visible injuries sustained by individuals involved in the accident.
  • Skid marks, debris, or other evidence on the road.
  • Traffic signs, signals, and road conditions.
  • License plates and vehicle identification numbers (VINs) for all involved vehicles.

3. Alert Your Insurance Provider About the Accident

After ensuring your immediate safety, the next step is to notify your insurance company as soon as possible. Share all the details you collected, such as accident pictures and witness information. Moreover, if you have a reference number or a copy of the police report, share that too – it helps them understand the situation better.

Timely communication with your insurance company is necessary to initiate the claims process and receive support. For this purpose, keep all documentation and records linked to the accident organized to streamline the claims process.

Important Tip: Avoid speaking with anyone from the USPS or their insurance company until you’ve consulted a USPS truck accident lawyer. Even simple statements can be twisted and used against you later.

4. Contact a Mail Truck Accident Lawyer ASAP

In the aftermath of a USPS mail truck accident, seeking legal guidance is essential. Contact a lawyer specializing in mail truck accidents as soon as possible. They can assess the specifics of your case, guide you through legal proceedings, and help determine if you are entitled to compensation.

Waiting too long might result in missed opportunities for compensation. By contacting a personal injury lawyer promptly, you increase your chances of a profitable outcome and ensure that someone with expertise is on your side, advocating for your rights in the aftermath of the accident.

What Happens Next If a USPS Mail Truck Hits Your Car?

If a USPS mail truck hits your car, the USPS can be held liable for any bodily injuries or property damage caused by their negligence. You have the right to file a personal injury claim against the United States Postal Service to get compensation for the damages incurred in the vehicle accident. It’s essential to gather evidence, submit a claim, and follow procedures to ensure a fair resolution.

If a USPS mail truck hits your car, here’s what you need to know and the steps to take:

File a Government Tort Claim or a Lawsuit Against USPS

After the accident, you can start by filing a government tort claim, which is a necessary step before considering a lawsuit. However, keep in mind that dealing with the USPS involves going through some bureaucratic processes because it’s a government entity.

If the USPS mail truck driver is found responsible for the accident, the government takes responsibility for covering the damages. Note that USPS mail trucks are considered government vehicles, and their drivers are government employees. This means the legal process differs from what you might experience in a typical car accident.

Considering the unique nature of USPS-related accidents, seeking legal assistance is advisable. A seasoned personal injury attorney familiar with government tort claims and lawsuits can guide you through the process, protect your rights, and improve your chances of a successful outcome.

Submit a Federal Tort Claim In Court

For cases involving USPS accidents, the Federal Tort Claims Act (FTCA) guides the legal process against the federal government:

  • You must file a Standard Form 95 with the USPS to start the process. This form outlines the details of your claim and includes a specific amount known as a “sum certain.”
  • Make sure to state the nature of your claim clearly in Form 95. Describe what happened during the USPS mail truck accident and outline your damages.
  • The “sum certain” is the specific amount you claim for damages. Be clear and accurate in determining this sum, as it represents the compensation you seek.
  • Time is crucial. You must submit Form 95 within TWO YEARS from the accident date. Missing this deadline may jeopardize your ability to pursue a claim under the FTCA.
  • After submitting Form 95, you’ll need to wait for at least SIX MONTHS. The actual duration might vary based on the progress of your administrative claim.
  • Only after this waiting period, and depending on the status of your administrative claim, you’ll be eligible to file a federal lawsuit if necessary.

At Uptown Injury Law PLLC, our experienced truck accident lawyers are familiar with federal court procedures and have the expertise to guide you through the complexities of the Federal Tort Claims Act. We understand the details involved and can assist you in handling administrative processes or, if needed, pursuing legal action within the specified timeframe.

How Long Does It Take To Settle a USPS Claim?

mail delivery trucks

Once you’ve filed a USPS accident claim, the waiting period begins. The United States Postal Service (USPS) typically has six months to respond to your claim. During this time, they will investigate the incident, review the evidence, and assess the damages.

The timeline for settling a USPS claim can vary. Some claims may be resolved relatively quickly within a few months, while others may take longer depending on factors such as the case complexity, the extent of damages, and the negotiation process. It’s essential to be patient during this period, as reaching a fair settlement often involves careful consideration of all relevant factors.

To speed up the claim process, provide thorough documentation, such as photographs and videos of the accident scene, medical records, and any relevant evidence to help streamline the investigation. Additionally, prompt communication and cooperation with USPS and insurance representatives contribute to a faster resolution.

If you need personalized assistance and guidance throughout the claims process, Uptown Injury Law, PLLC is here to help. Our experienced truck accident lawyers specialize in handling mail truck accident cases, ensuring a smoother settlement process for our clients. Call us now at 917-540-8728 for a free case review.

 How Do New York Laws Affect Federal Cases Against USPS?

In New York, the rules align closely with the Federal Tort Claims Act when it comes to suing USPS. According to state law, if you believe USPS was negligent and caused harm, they can file a case. This means showing that:

  • USPS had a duty of care
  • Breached its duty of care
  • Directly caused the damages you’re claiming

Moreover, New York operates on a “Comparative Negligence” rule. This means even if you were partially at fault for the accident, you can still get damages. 

Remember, time is essential. In New York, you generally have THREE YEARS to file a personal injury lawsuit. However, if you’re suing USPS under the FTCA, the clock ticks faster, giving you only TWO YEARS to make your claim before the legal opportunity expires. Understanding these state laws is crucial when dealing with federal cases against USPS in New York.

Who Can Be Liable in a USPS Truck Accident?

In a USPS truck accident, the primary party liable is usually the federal government directly or a subcontractor working on behalf of the government. This is because USPS trucks are typically owned by the federal government agency or its contractors, making them responsible for any accidents or injuries resulting from negligence in mail truck accidents.

Other Liable Parties May Include:

  • Vehicle manufacturers for faulty parts.
  • Third-party drivers involved in the accident.
  • Companies in charge of truck maintenance.
  • Postal employees directly linked to the incident.
  • Individuals or entities contributing to hazardous road conditions.

Suing the government directly after a mail truck accident is challenging. To initiate a lawsuit, you must undergo a six-month administrative claims process without reaching a settlement. However, if you’re unsure how to proceed, Uptown Injury Law, PLLC can provide guidance and support. So, schedule a Free CONSULTATION NOW!

How to Determine Fault After an Accident With a Mail Truck? 

After a mail truck accident, figuring out who’s at fault is essential, especially if you’re making a claim or filing a lawsuit. To determine fault, focus on four key elements:

  1. Establish Duty of Care: The first element in proving fault is establishing that the mail carrier owed you a duty of care. This means they had a responsibility to drive safely and avoid causing harm.
  2. Demonstrate Breach of Duty: To show fault, you must demonstrate that the mail carrier failed to fulfill its duty of care. This could involve unsafe actions like speeding, distracted driving, or other negligent behaviors.
  3. Show Injury: It’s essential to demonstrate that you suffered injuries directly from the mail truck accident. These injuries can be physical, emotional, or any harm linked to the incident.
  4. Provide Evidence of Losses: Fault is further established by presenting evidence of verifiable losses resulting from the accident and your injuries. This includes medical bills, property damage, lost wages, and other quantifiable damages.

To strengthen your case, gather evidence, such as the mail carrier’s employment and driving history, event data recorder (EDR) information, dash cam footage (if available), eyewitness testimony, and photos or videos of the accident scene. Additionally, keep records of medical treatments and bills. 

By carefully presenting this evidence, you can build a strong case to establish fault and seek fair compensation amount for the losses incurred due to the mail truck accident.

Get Compensation After a USPS Truck Accident – Contact Us Today!

If you’ve been in a mail truck accident, seeking compensation can be challenging, especially when involving a federal employee or government agency. But you don’t have to face it alone. Our dedicated truck accident lawyers at Uptown Injury Law PLLC are here to assist you at every stage—whether it’s guiding you through the administrative process or filing a lawsuit in federal court.

Why Uptown Injury Law PLLC Is Your Top Choice for USPS Mail Truck Accident Cases?

  • Proven Success Record: With over $100 million in results, we consistently deliver outstanding results for our clients in New York City.
  • Client-Focused Approach: We prioritize you, offering personalized attention and support throughout the claims process to address your unique needs.
  • No Win, No Fee: Our commitment is clear – you only pay if we win, aligning our success with yours.
  • Transparent Communication: Stay informed throughout the process with our open and clear communication approach.
  • Strategic Advocacy: We handle your case strategically and diligently, maximizing your chances of a favorable outcome.

So, don’t wait any longer. If you’ve been in an accident with a USPS, contact us for a FREE CONSULTATION. You can contact us online or call 917-540-8728. Let Uptown Injury Law, PLLC, be your advocate in securing the compensation you deserve.

FAQs – USPS Truck Accident Lawyer

What Happens When a USPS Mail Truck Hits Your Car?

If a USPS mail truck collides with your car, prioritize your safety first. Immediately dial 911 and inform the police about the accident. After securing the scene, document the incident with photographs, inform your insurance provider, and consider reaching out to a mail truck accident lawyer for guidance.

How To Prove a USPS Driver Negligent Actions?

To establish USPS driver negligence, critical evidence must be gathered, including the mail carrier’s employment and driving history. Utilize data from the mail truck’s event data recorder (EDR), collect dash cam footage, and seek eyewitness testimony. Additionally, support your case with pictures and videos from the accident scene, along with relevant medical records and bills.

Who Is Responsible if You’re Injured by a USPS Mail Truck in NY?

In New York, the responsibility typically lies with the federal government or its subcontractor if you’re injured by a USPS mail truck. The government is accountable for accidents involving its driver’s negligence. In order to seek compensation, follow the administrative claims process and consider consulting a lawyer familiar with USPS cases.

How to File a USPS Truck Accident Claim in NY?

To file a USPS truck accident claim in NY, begin by submitting your details using Standard Form 95. Clearly state the agency you’re filing against and the compensation amount. This initiates a six-month administrative claims process. If you don’t reach a settlement during this process, you can choose to proceed with a lawsuit.

What Damages Can I Claim After a Mail Truck Accident?

You can claim economic and non-economic damages after a mail truck accident. Economic damages cover financial losses like medical treatment expenses, property damage, and lost income, while non-economic damages reimburse for intangible losses such as pain and emotional suffering, mental distress, and loss of life enjoyment.

How Can a Mail Truck Accident Lawyer Help Me?

A mail truck accident lawyer can assist you in various ways. They can gather evidence, negotiate with insurance companies, and represent you in settlement negotiations. Additionally, if your case goes to trial, they can handle the federal trial process, presenting your case effectively in court, cross-examining witnesses, and advocating for your legal rights to ensure you receive the compensation you deserve.

Is There a Time Limit for Filing a Claim after a USPS Mail Truck Accident?

Yes, New York has a strict two-year timeline for filing your personal injury claim against the USPS trucks. Therefore, you must act quickly to gather all required evidence and information to support your claim before the deadline expires.

What If I Was Partially at Fault for the Accident?

This depends on your state’s laws; however, in New York, the state follows a pure comparative negligence system. This means that even if you were partially at fault for the accident, you may still be able to recover damages. However, your degree of fault will proportionally reduce the compensation you receive.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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