The United States Postal Service (USPS) delivers 44 percent of the world’s mail. In 2024, USPS delivered mail to more than 154 million residential homes and 12.6 million businesses nationwide. As one of the largest and most populous states in the country, it’s no surprise that it takes more than 26,000 postal workers to deliver the mail in Texas.
While you can get compensation for damage to your car and any injuries you’ve suffered in a traffic accident involving a USPS delivery truck, your claim won’t be like most other auto accident claims. Since the United States Postal Service is a federal government agency, you’ll typically have to pursue compensation through a government tort claim once you’ve exhausted benefits available to you from your insurance company.
Before you can sue the postal service in federal court, you’ll need to take a few extra steps. Skipping these steps can prevent you from recovering any compensation from the federal government, even if the USPS is responsible for your car accident. It’ll be important to work with an experienced Round Rock delivery van accident lawyer to make sure all requirements are satisfied.
Mail delivery requires vehicles including delivery vans and commercial trucks. Accidents involving these USPS delivery vehicles aren’t uncommon. In fact, in 2020, there were an average of 71.2 USPS delivery vehicle accidents every day.
What’s a Government Tort Claim?
The government (and its employees, such as USPS postal workers) are generally immune from liability in civil lawsuits. That is, unless the government agency or its employees are negligent and contribute to someone’s injury or wrongful death. When a postal worker causes a traffic accident in Texas, the USPS can be sued for damages under the Federal Tort Claims Act (FTCA).
File a Claim With the USPS in Texas
You have two years from the date of your USPS delivery vehicle accident to file a claim with the Postal Service. Specifically, you must file Standard Form 95 – Claim for Damage, Injury, or Death. Here, you’ll lay out your case against the USPS, explain your damages, and request a specific amount of compensation from the government agency.
The USPS will have six months to consider your claim. It can agree to pay your requested damages, offer a settlement, or deny the claim in full.
If the USPS denied your claim or offered what you believe to be an unreasonably low settlement, you’ll have up to six months to file a personal injury lawsuit in federal court.
File a Texas Personal Injury Lawsuit in Federal Court
Since mail carriers are federal workers, you’ll have to file your USPS delivery truck accident lawsuit in federal court, rather than with a Texas state court.
There are four federal US Districts in Texas – Northern, Southern, Eastern, and Western. Each district handles cases in different parts of the state. So, for instance, if you get into a USPS truck accident in Round Rock, you’d file your USPS truck accident lawsuit with the United States District Court for the Western District of Texas, likely with the Austin Division.
From here, your USPS accident lawsuit will move forward like other types of personal injury cases. You’ll have the burden of proving that the USPS, or its employee, was negligent and, because of that, you suffered injuries or the wrongful death of someone you love.
If you can prove your allegations against the federal agency by a preponderance of the evidence (your claims are more likely true than not), you can force the Postal Service to pay damages for your medical bills, lost wages, property damage, pain and suffering, and other losses.
Need Help After an Accident With a USPS Delivery Vehicle in Texas?
Call Dow Law Firm for help after an accident with a USPS delivery vehicle in Round Rock, TX. Whether you got into a collision with one of the Postal Service’s large commercial trucks on the interstate or a residential USPS delivery van on a local highway, our Round Rock truck accident lawyers can help you navigate the claims process and fight for a substantial monetary award.
We offer a free consultation. Reach out to our team in Round Rock today at (512) 240-9951 to discuss your USPS delivery accident case.