How Does A USPS Accident Claim Work If You Were A Pedestrian?

If you were a pedestrian injured in a USPS accident, your claim is handled under the Federal Tort Claims Act (FTCA) because the United States Postal Service is a federal government agency. To begin the administrative process, you must submit Standard Form 95 within two years, which outlines the driver’s negligence and specifies a “sum certain” for your damages. 

Serving clients across Tavares and Kissimmee, our lawyers at Todd Miner Law guide you through the USPS accident claim process. Our team helps document your injuries, gather vital evidence, and meet all legal deadlines. If necessary, we will file a federal lawsuit to secure full compensation for your lost wages and pain and suffering. Call 407-894-1480 today for a free consultation.

Who Can Be Held Liable in USPS Pedestrian Accidents?

In USPS pedestrian accident cases, the United States Postal Service may be held liable if its employee’s negligence causes an accident while performing job duties. In some situations, third parties, such as another negligent driver or municipal authorities responsible for unsafe road conditions, may also share liability.

Moreover, the following parties may also share liability depending on the circumstances:

• Federal agency supervisors responsible for driver oversight or training.
• Vehicle maintenance providers, if faulty repairs or ignored inspections contributed to the crash.
• Commercial vehicle manufacturers, when a defect in the USPS truck, such as braking or steering failure, contributed to the pedestrian accident.
• Property owners or nearby businesses whose blocked views, illegal signage, or unsafe entrances created hazardous conditions for pedestrians.
• Construction companies or roadwork contractors whose poorly marked zones, missing warning signs, or unsafe barriers contributed to the incident.
• Traffic signal maintenance authorities if malfunctioning pedestrian signals or traffic lights contributed to the incident.

What is the “Sum Certain” Amount on SF-95 in FTCA Claims?

The “Sum Certain” on SF-95 is the exact dollar amount you are claiming for your injury, property damage, or loss under the Federal Tort Claims Act (FTCA). According to 32 CFR § 536.26(a), a valid FTCA administrative claim must include a sum certain for each claimant and be signed by the claimant or an authorized representative. Without a proper sum certain, your claim may be rejected or delayed. Therefore, you should carefully calculate all damages, including medical expenses, lost wages, and related costs, before submitting the form.

In addition, under 28 U.S.C. § 2675(b), the amount stated as the sum certain generally sets the maximum compensation you may seek in a later FTCA lawsuit. However, you can increase this limit only if you obtain additional evidence after submitting the claim.

Is There A Time Limit To File A USPS Pedestrian Accident Claim?

Yes, there is a strict time limit to file a USPS pedestrian accident claim. Under the Federal Tort Claims Act (FTCA), you have two years from the date of your accident to submit an administrative claim (Standard Form 95) to the United States Postal Service.

Furthermore, under 28 U.S.C. § 2401(b), if a federal agency denies your administrative claim, you must file a federal lawsuit within six months of the denial notice. Meeting this deadline is essential to preserve your right to pursue compensation and ensure the claim process can proceed without unnecessary delays.

What Evidence Helps Prove Negligence in a Pedestrian Truck Crash?

To prove negligence in a USPS pedestrian truck crash, you must gather strong evidence such as police reports, traffic camera footage, witness statements, medical records, and the truck’s logbooks or GPS data. This documentation helps connect the driver’s actions to your injuries and strengthens your claim.

In addition, you can strengthen your accident claim with the following evidence:

• Black Box / Event Data Recorder (EDR): Provides precise details on the truck’s speed, braking, and driver actions before the crash.
• Maintenance and Inspection Records: Show whether mechanical issues or missed repairs contributed to the accident.
• Driver Qualification Files: Confirm the USPS driver’s training, licensing, and any prior safety violations.
• Text Messages and Call Logs: Reveal potential distracted driving or policy violations by the driver.
• Surveillance Footage from Nearby Businesses: Captures the truck’s movements and the sequence of events during the accident.
• Photographs of Road and Sidewalk Conditions: Show hazards, missing signs, or unsafe areas that may have caused the crash.

How Do Crosswalk Rules and Signals Affect Liability?

If a USPS driver hits a pedestrian who is legally crossing a marked crosswalk with the signal, the driver can be held liable for negligence. However, if a pedestrian crosses against the signal, liability may be shared under Florida’s comparative negligence laws, which can reduce the compensation you recover.

Liability also depends on the condition of the crosswalk and traffic signals. For example, clearly marked crosswalks with fully functional pedestrian signals generally impose a higher duty of care on the USPS driver. On the other hand, poorly marked crosswalks or malfunctioning signals can complicate liability assessment, potentially limiting the driver’s responsibility.

What If the USPS Driver Claims You “Came Out of Nowhere”?

Even if a USPS driver claims you “came out of nowhere,” fault is determined based on evidence, traffic laws, and the driver’s duty of care. These accidents often occur in congested areas, such as loading zones, residential streets, or parking lots, where drivers may argue they did not see the pedestrian. In such cases, you should thoroughly document the accident by collecting witness statements, traffic camera footage, police reports, and photos of the scene. This evidence helps show the driver’s negligence and any traffic law violations.

You should also carefully document the conditions surrounding the USPS mail truck accidents. For example, record details such as weather conditions, visibility, traffic signals, and nearby signage. These details help show that you were following traffic rules and crossing safely. Furthermore, seek medical attention promptly and keep records of your suffered injuries and treatment. This documentation strengthens your claim and helps protect your legal rights.

How Does the Discretionary Function Exception Affect USPS Claims?

The discretionary function exception limits personal injury lawsuits that challenge certain government decisions. Under 28 U.S.C. § 2680(a), you cannot recover compensation if your claim is based on a federal government employee’s policy judgment or discretionary choice. However, claims based on negligence during routine operations are still eligible for compensation.

In such cases, federal courts carefully examine the specific actions of the USPS employee to determine whether the discretionary function exception applies. For instance, policy-level decisions, such as planning delivery routes, are generally protected under state law. In contrast, mistakes during everyday duties, such as careless driving of a USPS mail truck or violating traffic laws while on duty, are generally considered negligence. In these cases, you can still pursue a claim for damages under the Federal Tort Claims Act.

Are Punitive Damages Allowed in USPS Pedestrian Claims?

No, you generally cannot recover punitive damages in USPS pedestrian claims. According to 28 U.S.C. § 2674, the federal government cannot be held liable for punitive damages in claims brought under the Federal Tort Claims Act. The FTCA only allows compensation for actual losses, like medical bills, lost wages, or property damage.

In addition, USPS pedestrian claims do not allow prejudgment interest. This means you cannot recover interest on damages during the period between the accident and the final settlement or judgment. Therefore, consulting an Orlando Truck Injury Attorney is essential to understand your legal options. With millions recovered for accident victims and their families, our lawyers at Todd Miner Law can help you pursue all compensable losses, including medical bills, lost wages, and property damage. We carefully analyze your claim and challenge any USPS denials to maximize your compensation. Contact us today to book your consultation.

What Mistakes Can Hurt Your USPS Accident Lawsuit?

Mistakes such as missing deadlines under the Federal Tort Claims Act (FTCA), giving recorded statements to the USPS or insurance adjusters, or neglecting medical treatment can significantly weaken your claim. Failing to preserve vital evidence, ike witness statements, traffic camera footage, or vehicle data, and delaying early medical documentation can also weaken your chances of securing fair compensation.

In addition, you should avoid the following mistakes that can weaken your USPS accident lawsuit:

Ignoring Traffic Laws Or Safety Obligations

If evidence shows you contributed to the accident, Florida’s comparative negligence rules may reduce your compensation. Therefore, it’s essential to follow all traffic laws and carefully document your compliance to strengthen your position.

Sharing Public Statements Or Social Media Posts

Any posts, messages, or photos about the accident can be used against you. To protect your claim, keep all communications private and avoid discussing the incident online. Avoiding public comments ensures your statements cannot be misinterpreted or used to challenge your case.

Failing To Hire An Experienced Attorney

USPS claims follow federal procedures under the Federal Tort Claims Act. Without assistance from an experienced law firm, you risk missing deadlines, misfiling important documents, or underestimating damages, which can affect your recovery.

Settling Too Quickly

Accepting an early settlement without fully reviewing your medical expenses, lost wages, and future treatment needs can significantly limit your compensation. Therefore, take the time to carefully assess all your losses before agreeing to any offer.

Contact Our USPS Truck Accident Attorney In Orlando To File a Claim!

If you are hit by a USPS truck as a pedestrian, you can suffer serious injuries that result in costly medical treatments. In addition, filing a claim under the Federal Tort Claims Act requires strict compliance with deadlines and procedures that can be difficult to manage on your own.

Recognized among the ASLA’s Top 100 Lawyers list, our attorneys at Todd Miner Law focus on maximizing your recovery. We carefully review your full medical history and future treatment needs to ensure every expense is included in your compensation. We also pursue additional damages, including lost earning capacity, that federal claims may not fully cover. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814, United States to pursue fair compensation.

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