Postal workers typically operate vehicles owned by the United States Post Office (USPS) when they are working. As such, if a postal worker causes a collision during the process of delivering the mail, the federal government may be deemed liable for any losses caused by the crash. While the Federal Tort Claims Act (the Act) permits people to pursue claims against the federal government in certain situations, they must comply with the applicable procedural rules, otherwise, their claims may be dismissed. Recently, a Maryland court discussed the administrative remedies a plaintiff must exhaust before seeking damages from the federal government, in a case arising out of a car accident. If you were involved in a collision with a federal employee, it is in your best interest to meet with a Maryland car accident attorney as soon as possible to protect your right to seek compensation.
The Factual and Procedural History of the Case
It is reported that the plaintiff was driving his car on a Maryland highway when he collided with a postal vehicle that made an unsafe left turn in front of him. Three days after the accident, he had a telephone call with a USPS specialist who confirmed that the accident occurred and that the postal worker was at fault.
Allegedly, the plaintiff then retained an attorney who sent a demand letter and an SF-95 form to the USPS. Notably, neither the letter nor the form indicated the amount of damages the plaintiff sought. The plaintiff subsequently filed a federal lawsuit against the USPS, asserting a negligence claim. The USPS moved, inter alia, to dismiss the complaint due to the plaintiff’s failure to exhaust his administrative remedies. Continue Reading ›