Postal Vehicle Accidents in Syracuse, New York

Jed Dietrich, Esq., Recognized as a Super Lawyer, is Committed to Protecting the Rights of Postal Vehicle Accident Victims Across Syracuse and Onondaga County. Since Our Founding in 2005, Jed Dietrich, Esq., Has Helped Our Clients Secure More Than $250 Million in Damages. We Could Help You, too. Our Experienced USPS and Mail Carrier Accident Attorneys Could Help You File a Personal Injury Lawsuit or a Federal Tort Claims Act Lawsuit and Make a Compelling Claim for Recovery.

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The United States Postal Service is supposed to hold its drivers to the highest standard, but no amount of training and preparation can avert every accident.

However, understanding the dynamics of a postal vehicle collision can be difficult.

Even if you have been injured, learning about similar accidents is not straightforward: the USPS does not release detailed information on accident rates, sometimes leaving survivors to read between the lines while navigating a process that may seem to favor the government at every step.

You do not have to take chances with your recovery. The Dietrich Law Firm P.C. has spent decades fighting for the rights of postal vehicle accident victims in Syracuse, in Onondaga County, and across Upstate New York. Please send us a message online or call us at 1-866-529-5334 to speak to a lawyer and schedule your free consultation.

An Overview Of Postal Vehicle Accidents Postal Vehicle Collisions: Why Nobody Knows the Real Numbers

The logistics of mail and package delivery in the United States are incredibly complex.

The federal Postal Service, for instance, maintains a nationwide fleet consisting of nearly a quarter-million vehicles, of which approximately 190,000 are designed to deliver mail to communities across the country. Its private-sector competitors, from FedEx to Amazon, manage hundreds of thousands of their own vehicles.

Although mail carriers of all sorts have an obvious presence throughout the United States, nobody can say with certainty how many of these vehicles have caused or been involved in accidents. Private companies, like FedEx, are legally required to report collisions to the Department of Transportation, which publishes safety reports and collision statistics on the Federal Motor Carrier Safety Administration website.

However, the Postal Service is not subject to quite the same level of oversight. It is required to track workplace accidents, but it does not release detailed information on the fault.

And neither, for that matter, does it ensure accountability for its private contractors, some of whom have such poor safety records that Congress has introduced legislation to compel the Postal Service to release transparent annual reports.

The Most Common Causes of Mail Carrier Accidents

The United States Postal Service and its private-sector counterparts may be reluctant to publicize collision statistics, but they have not shied away from identifying the most common causes of over-the-road accidents.

According to a recent USPS report, crashes involving postal vehicles often involve the following risk factors:

1. Failure to check vehicle height and clearance;
2. Inattentive and distracted driving;
3. Haste, or efficiency at the cost of safety;
4. Improper backing up; and
5. Failure to yield the right-of-way to other vehicles.

If a mail carrier or mail contractor causes an accident, they could be found liable for the victims’ damages. However, establishing liability could prove challenging for a multitude of reasons. The United States Postal Service, for instance, is a federal entity. All federal entities, no matter their size or role, have a right to claim immunity from personal injury claims that are not filed in accordance with strict procedures.

Establishing Liability After Being Injured By A Mail Truck Why the Defendant Makes a Difference in Postal Vehicle Claims

The potential defendants in a mail truck lawsuit could include any of the following parties:

1. The United States Postal Service;
2. A United States Postal Service employee;
3. A private mail or package carrier, like UPS, FedEx, or Amazon;
4. A private mail or package carrier employee; and
5. Another driver whose negligence caused or exacerbated an accident involving a postal vehicle.

Under New York state law, postal vehicle collision victims who have suffered serious injuries have a right to file a personal injury claim against the person or party who caused their accident.

However, filing a lawsuit and obtaining compensation is rarely easy.

Companies like UPS and FedEx have their own attorneys, as do their multibillion-dollar insurers. And when the defendant is a federal entity, like the United States Postal Service, a very different set of rules could dictate the course of your claim.

The Federal Tort Claims Act

Lawsuits filed against private motorists are subject to different rules than those against the United States government.

If you were injured in a Syracuse-area accident caused by an ordinary driver, then your case will most likely be heard by the Onondaga County Supreme Court. Your claim would probably be subject to a two-year statute of limitations, giving you a reasonable span of time to recover from your injuries, gather evidence, and schedule consultations with experienced personal injury lawyers.

But when the defendant is the United States Postal Service, you cannot take your case straight to court, even if you have an open-and-shut case, even if you suffered very serious injuries, and even if you cannot afford to pay your bills without help.

Every federal entity in the country, including the USPS, is entitled to “sovereign immunity.”

Sovereign immunity is a doctrine older than the United States. It holds that a state, or “the sovereign,” cannot be named as a defendant in any civil claim without providing its explicit consent. The United States Postal Service will only waive its immunity when claims are filed in accordance with the Federal Tort Claims Act, which details the procedure needed to obtain damages from a federal-level agency.

Before even filing a lawsuit, the Federal Tort Claims Act requires that you take the following steps:

1. Initial Tort Claim Filing: You must first file a “notice of claim” against the United States Postal Service using Standard Form 95. Filling out this form means recounting the circumstances of your accident, providing compelling evidence of fault, and sharing an accurate assessment of your damages.
2. Await the Agency’s Response: Federal defendants have six months to respond to your FTCA claim. During this time, the agency must review the claim and issue a decision. This decision could be an offer of settlement or a denial of liability.
3. File a Federal Lawsuit: If the USPS denies your claim, offers an insufficient settlement, or fails to respond to your FTCA filing, you are entitled to file a lawsuit in a federal court. Choosing to file a lawsuit is time-sensitive. If you do not take your case to court within six months, it will most likely be dismissed.

Even if you do everything right, successfully litigating a claim against the United States Postal Service is not easy. Since the federal Department of Justice is responsible for defending agencies from FTCA claims, you could find yourself going toe-to-toe with government attorneys who have spent years fighting cases just like yours.

Do not compromise on your right to recovery: the Dietrich Law Firm P.C. is a recognized U.S. News & World Report Best Law Firm with a decades-long record of success. Since our founding in 2005, we have helped our clients obtain more than $250 million in damages. We could help you, too. Please send us a message online or call us at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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