Postal Vehicle Accident Lawyer in Massachusetts

Suing the U.S. Postal Service Requires Special Procedures

The United States Postal Service is a federal government agency, which means accidents involving USPS vehicles are governed by the Federal Tort Claims Act (FTCA), not standard state negligence procedures. The FTCA requires an administrative claim to be filed with USPS before any lawsuit can be initiated, and this administrative claim must be filed within a specific period from the date of the accident. Missing this deadline permanently bars all recovery, regardless of how strong your case is. Attorney Jeffrey C. Lavey handles FTCA procedures for USPS accident victims throughout Massachusetts.

The FTCA Administrative Claim Process

Under the FTCA, you must first submit a Standard Form 95 (SF-95) or equivalent written administrative claim to the USPS. This claim must include a specific sum certain for each category of damages you are seeking. USPS then has a statutory period to investigate and either settle the claim or deny it. Only after USPS denies your claim or fails to act within the statutory period may you file a lawsuit in federal court. Attorney Lavey prepares and submits the administrative claim, ensures the stated damages fully capture your losses, and coordinates the timing of any federal lawsuit.

Common USPS Vehicle Accident Scenarios

USPS mail carriers operate vehicles throughout Massachusetts seven days a week, including Sundays for Amazon package delivery. Common accident scenarios include mail carriers who back out of driveways or from mail stops without adequate observation, carriers who stop partially in travel lanes while delivering mail and cause rear-end chain reactions, carriers who pull away from a stop without checking for oncoming traffic, and pedestrians and cyclists struck during delivery operations.

USPS Driver Negligence and Federal Liability

Like any employer, the federal government is liable for the negligent acts of its employees committed within the scope of their employment. A USPS mail carrier who causes an accident through inattention, improper vehicle operation, or failure to yield is acting within the scope of federal employment, making the federal government liable for your injuries. Attorney Lavey builds the same quality evidence case in USPS accident claims that he applies in any commercial vehicle accident.

Damages in Federal Court USPS Claims

FTCA claims are tried by a federal judge without a jury. Compensatory damages, medical expenses, lost wages and earning capacity, and pain and suffering, are available. Punitive damages are not. Attorney Lavey prepares every USPS accident case to be tried in federal court if USPS does not offer a fair settlement following the administrative claim process, and he advises every client on the realistic value of their specific claim.

Frequently Asked Questions