Maryland Trucking Accident Lawyer Blog
Maryland truck accidents involving mail carriers and mail trucks can raise many unique challenges, and injury victims must understand how the law may impact their personal injury lawsuit. These accidents are inherently different from those involving private delivery carriers, such as Fed-Ex, UPS, and Amazon. The difference lies in the fact that mail carriers are generally federal government employees. Therefore, these cases involve different legal standards, notice requirements, and eligible damages.
Despite the complex and daunting legal process, individuals can sue the U.S. Postal service if they cause an accident. These cases can stem from typical car accidents involving a neighborhood mail delivery vehicle or a larger mail truck from a distribution center. In some cases, the government may not own the mail delivery vehicle because they sub-contracted it from an independent entity. However, when this occurs, the federal government may still retain some portion of the liability.
Claims against the federal government, such as a mail carrier, involve the Federal Tort Claims Act (FTCA), which requires plaintiffs to abide by strict procedures and regulations. Under the FTCA, an injury victim pursuing a claim against a federal employee must meet the FTCA’s requirements, unless the driver was a sub-contractor These claims must conform with the law of the state where the act took place, and the negligent conduct must have occurred while the defendant was acting within the scope of their employment. If the negligent party were a sub-contractor, the accident victim would likely pursue a typical personal injury lawsuit.
The FTCA also requires plaintiffs to comply with the administrative claim process before filing a claim in federal court. The FTCA details the amount of time an injury victim has to file a claim, and the notice must include detailed facts of the case and precise financial losses. After submitting a claim, the USPS has six months to admit, deny, or dismiss the claim. If the agency refuses to pay a claim, the plaintiff has six months to file a lawsuit. If the agency does not answer the claim within the time period, the accident victim may proceed with a lawsuit.
Although this process seems overwhelming, victims deserve to seek and recoup compensation for the losses they suffered. These accidents can result in serious injuries and long-term consequences. For example, recently, a news report detailed an accident where three people suffered injuries after a mail truck and van collided. In that case, police stated that a van was driving eastbound when a USPS mail delivery truck crossed the center line and crashed head-on with the van. All of the individuals were transported to the hospital for their injuries.
Have You Suffered Injuries in an Accident with a Government Employee in Maryland?
If you or someone you know has suffered injuries because of the negligence of a government employee or agency, contact the Maryland truck accident attorneys at Lebowitz & Mzhen. The attorneys at our law firm have extensive experience handling complex cases against negligent individuals, government entities, corporations, and insurance companies. We possess the skills, knowledge, and resources to represent injury victims in their claims for damages successfully. Our clients have recovered compensation for their medical bills, lost wages, property damage, and pain and suffering. Contact our office at 800-654-1949 to schedule a free initial consultation with an attorney at our law firm.