USPS mail trucks are a ubiquitous presence on American roads, but accidents involving these vehicles create unique legal challenges. Because USPS is a federal agency, suing for mail truck injuries requires navigating special procedures under the Federal Tort Claims Act.
Federal Tort Claims Act Requirements
The federal government enjoys sovereign immunity—you cannot sue it without its consent. The Federal Tort Claims Act (FTCA) waives this immunity for certain negligence claims, including vehicle accidents caused by federal employees acting within the scope of employment.
You cannot simply file a lawsuit against USPS. You must first file an administrative claim with the appropriate federal agency. Only after the agency denies your claim (or fails to respond within six months) can you proceed to federal court.
Administrative Claim Requirements
Your administrative claim must be filed with USPS (or the general government claims office) using Standard Form 95 (SF-95). The claim must include a specific dollar amount for your damages, a description of the accident and how it occurred, and documentation supporting your claim.
You must file the administrative claim within two years of the accident. Missing this deadline permanently bars your claim—there are virtually no exceptions.
The Two-Year Deadline
The FTCA's two-year deadline is strictly enforced. Unlike many state deadlines, this federal deadline cannot be extended for most reasons. The clock starts running on the date of the accident, not when you discover the full extent of injuries.
File your administrative claim as early as possible to preserve your rights. Don't wait until the deadline approaches—you need time to gather documentation and properly complete the claim forms.
What Happens After Filing
After receiving your claim, the government has six months to investigate and respond. They may approve your claim and offer settlement, deny your claim entirely, or not respond within six months (treated as denial).
If the government denies your claim or doesn't respond within six months, you can file a lawsuit in federal court. You then have six months from the denial to file suit.
Limitations on Recovery
FTCA claims have several limitations. You cannot recover punitive damages against the federal government—only compensatory damages for actual losses. Pre-judgment interest is limited. Jury trials may not be available in all circuits.
However, you can recover standard compensatory damages including medical expenses, lost wages, pain and suffering, and property damage.
USPS Employee vs. Contractor
FTCA claims only apply to accidents caused by federal employees. If the mail truck was operated by a contractor rather than a USPS employee, different rules apply. Contract mail carriers may be independent contractors whose employers (not the government) bear liability.
Determining whether the driver was a federal employee or contractor affects which entity you sue and which procedures apply.
Common USPS Accident Scenarios
Mail truck accidents often involve collisions while entering or exiting driveways for mail delivery, accidents in parking lots or on residential streets, backing accidents due to limited rear visibility, door-related injuries when drivers exit vehicles into traffic, and collisions with vehicles, pedestrians, or cyclists.
Evidence Considerations
USPS vehicles may have GPS tracking and delivery records documenting the driver's route and schedule. Obtaining these records through the administrative process or later discovery can establish what the driver was doing at the time of the accident.
Preserve all evidence from the accident scene—photographs, witness information, and the driver's identifying information. Document the truck number visible on the vehicle.
Getting Legal Help
FTCA claims are complex and unforgiving of procedural errors. Consulting an attorney experienced in federal tort claims is essential. The strict deadlines, required administrative procedures, and federal court litigation differ significantly from typical personal injury cases.
If you've been injured by a USPS mail truck, seek legal consultation promptly. The two-year deadline may seem generous, but proper claim preparation takes time, and missing the deadline means losing your claim forever.