Maison Law Accident & Injury Lawyers of Fremont advocate on behalf of USPS truck accident victims. If you or a loved one has been injured in a USPS truck accident in Fremont, our team of truck accident attorneys will exercise every legal avenue to get you the compensation you need. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
Do I Need a Lawyer for a USPS Truck Accident in Fremont?
With the United States Postal Service delivering mail to nearly 13 million citizens in the state of California, accidents are bound to happen. However, filing a claim against a government entity like the USPS is more complex than a typical personal injury claim with a non-government party. Government agencies have more immunity and stricter guidelines. For these reasons, it is advisable to seek the counsel of a reputable accident attorney. However, it is important to note you most likely won’t need an attorney for a USPS truck accident if:
- The accident is minor with no apparent damage
- Your injuries are minor scrapes or small bruises
- The other party admits fault and pays for damages
You should contact an attorney after a USPS truck accident if:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. An attorney can ensure both.
- Wrongful death: If a loved one has passed away due to the accident you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the accident, but are not at fault, an attorney can protect and assign liability to the at-fault parties.
- Liability: You’re concerned about your liability limits, insurance status, or lack of insurance
- Multiple parties involved: Multiple parties make cases complex. An attorney can manage your case while protecting your best interests.
- False police report: If a police report places blame on you, and you disagree, an attorney will gather evidence to support your claim.
Who is Liable for a USPS Truck Accident in Fremont?
In a USPS truck accident in Fremont, the US government may be liable for your damages. However, knowing the employment status of the driver will help determine who is truly liable. The driver could be a USPS employee or employed by a contractor. Not all USPS vehicles are used for delivering mail, so it is important to consider who the driver was working for at the time of the accident.
The Federal Torts Claim Act exists to protect government employees from lawsuits. This can complicate things for average citizens pursuing a claim against the government. These complications include:
- An administrative claim must be filed against USPS within 6 months of the accident as opposed to 2 years for normal personal injury claims
- The US government has up to 45 days to accept or deny your claim
- If your claim is denied, you will have 2 years from the day of the accident to take them to court
Another complication is that the government entity has more ways to deny your claim than your average liable party. For instance, every government agency can invoke sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or corruption.
What is the Litigation Process for a USPS Truck Accident?
The litigation process against government entities is complex. Here are the following processes you can expect from a government personal injury case:
- Filing a lawsuit: Your attorney will file a legal complaint in court. This complaint outlines the facts of the case, the basis of the claim, and the damages you seek. A form of the complaint must also be delivered to the defendant.
- Discovery phase: Both parties will exchange information through discovery, which includes:
- Depositions
- Interrogatories
- Speaking with expert witnesses
- Pre-trial motions and settlement discussions: Attorneys may file pre-trial motions to resolve certain disagreements before the trial. Mediation or arbitration may occur to provide an alternative resolution without taking up the court’s time.
- Trial: If the case goes to trial, both sides will present their evidence to a judge or jury. This process includes:
- Opening statements
- Witness testimony
- Cross-examination
- Closing arguments
- Verdict: After both sides have presented their arguments and evidence, a verdict will be reached by the judge or jury. If the court rules in your favor, the judgment will specify the amount of compensation you are set to receive.
- Appeals: The losing party may file a post-trial motion for an appeal to the ruling. If enough legal errors are found in the original case, then a higher court can appeal the ruling.
What is the Typical Compensation for a USPS Truck Accident in Fremont?
There is no set dollar amount for the trauma and pain experienced by USPS truck accident victims. However, an experienced accident attorney will help you understand the value of your case by calculating your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety). These damages combined include:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
In most cases, the more severe your injuries and the longer they impact your life, the greater your compensation will be.
Contact a USPS Truck Accident Lawyer in Fremont
If you or a loved one have been injured in a box truck accident in Fremont, the Fremont accident attorneys are standing by to help. Even a minor accident can have a major impact on your health and finances over time. Time is limited with government injury claims, so don’t wait until it’s too late to get the legal advice you need. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation. There are no upfront costs for our legal services and we don’t get paid unless we win your case.