Our Lubbock, TX, USPS truck accident lawyers at Omega Law Group Accident & Injury Attorneys represent people injured in postal vehicle collisions. Founded in 2016, we offer free consultations and help clients pursue compensation.
If you were hit by a postal vehicle, contact us to discuss your options with a Lubbock, TX delivery truck accident lawyer.
How USPS Truck Accident Claims Are Different
USPS is a federal agency, so a collision caused by an on-duty postal employee may fall under the Federal Tort Claims Act, or FTCA. This law establishes procedures for seeking compensation from the United States for negligence by federal employees in the course of their duties.
The first step is determining who employed the driver. The FTCA generally applies to federal employees, but it does not treat independent federal contractors as federal agencies.
A truck accident lawyer serving Lubbock can examine the driver’s employment status, delivery assignment, and vehicle ownership before deciding how to proceed.
Federal Administrative Claim Requirements
Before filing an FTCA lawsuit, you generally must present an administrative claim to USPS. Standard Form 95 is commonly used, although another written submission may qualify if it contains the required information and requests a specific dollar amount.
Federal deadlines generally include:
- Presenting the administrative claim to the correct federal agency within two years after the claim accrues.
- Waiting for USPS to decide the claim or for six months to pass without a final decision before pursuing an FTCA lawsuit.
- Filing a lawsuit within six months after USPS mails a written final denial.
- Following separate filing periods for any claims against nonfederal defendants.
Reporting the collision to the police or USPS does not necessarily satisfy the FTCA claim requirements. Missing a filing deadline can prevent you from recovering compensation.
Common Causes of USPS Truck Accidents
Postal drivers make frequent stops and operate on residential streets, commercial roads, and major routes. Unsafe driving or vehicle problems can result in collisions with motorists, cyclists, and pedestrians.
Common causes include:
- Distracted driving.
- Unsafe backing.
- Failure to yield.
- Improper turns or lane changes.
- Speeding or driving too fast for road conditions.
- Driver fatigue.
- Poor vehicle maintenance.
- Obstructed views or blind spots.
- Unsafe stopping or parking during deliveries.
Our Lubbock personal injury lawyers can review the available evidence to determine how the collision occurred and who may be responsible.
What to Do in the Days After a USPS Truck Crash
The days following a postal vehicle collision are often spent arranging medical care, handling vehicle repairs, and responding to calls about the crash. During this time, you can take several steps to protect your health and preserve your claim.
- Attend all medical appointments and report any new or worsening symptoms.
- Obtain a copy of the police crash report.
- Save photographs, videos, witness information, and details about the USPS vehicle.
- Write down what you remember about the collision while the details remain fresh.
- Keep medical bills, repair estimates, receipts, and records of missed work.
- Follow your doctor’s treatment instructions and keep scheduled appointments.
- Avoid posting information or photographs about the crash on social media.
- Do not sign a release or provide a recorded statement before understanding how it could affect your claim.
- Contact a USPS truck accident lawyer serving Lubbock, TX, about the federal filing process.
Reporting the collision to the police, an insurer, or USPS does not necessarily satisfy the FTCA administrative claim requirements. We can determine whether federal procedures apply, prepare the required claim, and track the applicable deadlines.
Who Can Be Held Responsible for a USPS Truck Crash?
The liable party depends on the driver’s employment status and the cause of the collision. More than one person or organization may share responsibility.
Potential defendants may include:
- The United States when a USPS employee caused the crash while performing postal duties.
- An independent delivery contractor.
- The contractor that employed the driver.
- A company responsible for negligent vehicle repairs or maintenance.
- Another driver who contributed to the collision.
- A vehicle or parts manufacturer if a defective product caused the crash.
When the FTCA applies, the United States is generally the defendant rather than the individual postal employee. A lawyer can identify the proper defendant before a claim is filed.
Evidence Our Lubbock USPS Truck Accident Lawyers Use to Establish Liability
Evidence can be lost, overwritten, or discarded over time. We work to obtain and preserve records that may show what happened.
A USPS truck accident investigation may include:
- Police reports.
- Photographs and video recordings.
- Witness statements.
- Vehicle inspection and maintenance records.
- Driver assignments and route records.
- Medical records.
- Repair estimates.
- Accident investigation documents.
- Testimony from qualified professionals.
We also review whether the postal driver was working at the time and whether another driver, contractor, or company contributed to the crash.
Have you been involved
in an accident?
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How Texas Comparative Responsibility Can Affect Your Claim
Texas follows a modified comparative responsibility rule. You generally cannot recover damages if you are found more than 50% responsible for the collision.
If you are assigned 50% or less of the responsibility, your compensation is reduced by your percentage of fault. For example, a person found 20% responsible would generally receive 80% of the awarded damages.
The federal government may dispute fault or argue that your actions contributed to the crash. We gather evidence and address unsupported attempts to shift responsibility to you.
Compensation Available After a USPS Truck Accident
Compensation depends on your injuries, financial losses, and the effect of the collision on your daily life. Recoverable damages may include past and future losses.
Depending on the facts, you may seek compensation for:
- Emergency medical treatment.
- Hospital care and surgery.
- Rehabilitation and therapy.
- Future medical care.
- Lost wages.
- Reduced earning capacity.
- Property damage.
- Physical pain.
- Mental anguish.
- Physical impairment.
- Disfigurement.
Punitive damages cannot be awarded against the United States under the FTCA. Claims against other defendants may be governed by different rules.
How Omega Law Group Handles USPS Accident Claims
Our Lubbock, TX, USPS truck accident attorneys can determine whether the FTCA applies and prepare the required administrative claim. We also investigate other parties that may share responsibility.
Our work may include:
- Identifying the postal driver’s employer.
- Gathering crash and vehicle records.
- Interviewing witnesses.
- Tracking federal filing deadlines.
- Documenting your medical care and financial losses.
- Preparing and submitting the administrative claim.
- Responding to agency requests.
- Reviewing settlement offers.
- Filing a federal lawsuit when permitted and appropriate.
We use Rapid Sign for electronic document signing, allowing clients to review and sign certain documents remotely. We also keep you informed and explain each stage in clear terms.
Contact a Lubbock USPS Truck Accident Attorney
Federal claim requirements can limit the time you have to act following a USPS vehicle collision. Early action also gives your lawyer more time to locate witnesses, preserve records, and document your injuries.
Omega Law Group offers free consultations and handles injury claims on a contingency-fee basis. We can also travel for consultations when needed.
Contact us today to speak with a USPS truck accident attorney serving Lubbock, TX, about your collision and possible claim.
