Battle Born Injury Lawyers | February 21, 2023 | Truck Accident
USPS drivers, like all other drivers, have a risk of being involved in a traffic accident. According to the United States Postal Services, 29,000 USPS motor vehicle accidents occurred in the fiscal year 2019.
If you are in an accident with a USPS mail truck in Las Vegas, call 911 to report the crash. Treat the crash as you would any other traffic accident. Try to document the accident scene with photos and videos, and do not admit fault.
As soon as possible, see a doctor to document your injuries. Even though your accident was with a government vehicle, you can receive compensation for your injuries. However, you must prove you sustained injuries, so you need medical records for your claim.
Why Do USPS Mail Truck Accidents Happen in Las Vegas, Nevada?
Negligence is one of the most common causes of USPS mail truck accidents in Las Vegas. However, weather, road conditions, and defective vehicles can also be the culprit.
A USPS mail carrier may contribute to the cause of an accident because of their conduct behind the wheel. Common causes of USPS mail truck accidents include:
- Distracted driving
- Backing up accidents
- Driving under the influence
- Failing to follow Nevada traffic laws
- Improper turns or lane changes
- Reckless driving
- Driving on the wrong side of the road
- Fatigued and drowsy driving
Inadequate maintenance of mail trucks can also contribute to the cause of traffic accidents. For example, failing to replace worn brakes could lead to rear-end accidents.
Other drivers might also contribute to the cause of USPS mail truck accidents. If so, those drivers could share liability for damages. A Las Vegas car accident lawyer investigates the circumstances of the accident to identify each liable party.
Can I Sue the USPS for a Mail Truck Accident in Las Vegas?
Lawsuits against the USPS for mail truck accidents are governed by the Federal Torts Claims Act. You have the burden of proving the legal elements required to hold the USPS responsible for damages caused by a mail truck accident. Therefore, you must prove the following:
- A federal employee was driving the mail truck at the time of the collision;
- The federal employee was working on the clock with the crash occurred;
- The traffic accident was caused by the USPS vehicle;
- The federal employee’s conduct rose to the level of negligence;
- The negligent conduct was the proximate and direct cause of the traffic accident; and,
- You sustained injuries and damages because of the mail truck accident.
There are strict deadlines for filing claims and lawsuits against the USPS. Furthermore, you must follow specific procedures regarding notice of claims. Making mistakes could prevent you from recovering money for your injuries and losses.
The deadline to file claims against the USPS could be shorter than the deadline to file claims involving other parties. Therefore, it is best to speak with an attorney as soon as possible after a USPS mail truck accident in Las Vegas.
What Damages Can I Receive for a Las Vegas USPS Mail Truck Accident?
The Federal Torts Claims Act allows an injured party to seek compensation for their monetary losses. Economic damages recoverable in a USPS accident case include:
- Reimbursement for the cost of medical treatment
- The cost of physical therapy and other rehabilitative therapies
- Reimbursement for the loss of wages, salaries, benefits, and other income
- Out-of-pocket expenses, including personal care, travel expenses, and assistance with household tasks
- Future lost wages and diminished earning capacity
- Ongoing medical bills and personal care
- Property damage
In addition to your financial losses, you can recover compensation for non-economic damages. These damages include compensation for your emotional distress and mental anguish. It also includes physical pain and suffering.
Injured parties can also recover compensation for disfigurement and permanent impairments. Victims can sometimes receive compensation for decreased quality of life because of their injuries.
How Can I Protect My Rights After a USPS Mail Truck Accident in Las Vegas?
Do not give the government a reason to deny your claim. Common reasons for denied claims include:
- Failing to file a timely notice of claim
- Not seeking prompt medical treatment for injuries (failing to mitigate damages)
- Allegations of contributory fault (being partially to blame for the cause of the accident)
- Failing to file a lawsuit before the statute of limitations expires
- Failing to prove that you sustained injuries or incurred financial losses
- Inadequate evidence proving the USPS driver caused the traffic accident
Personal injury cases involving government agencies are incredibly complicated. If you are injured in an accident with a government vehicle, seeking legal advice from an experienced personal injury lawyer is the best way to protect your rights.
Contact the Las Vegas Truck Accident Attorneys at Battle Born Injury Lawyers Today
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our truck accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.