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New York Legal Blog
January 24, 2019  |  By jason

Can a motorcyclist sue the U.S. Postal Service for causing a fatal accident?

The U.S. Postal Service is Subject to the Federal Tort Claims Act

Yes, you can file a claim against the U.S. Postal Service for causing a fatal accident with a motorcycle or any other vehicle. The strict requirements of the Federal Tort Claims Act must be followed. A recent case out of a court in South Carolina demonstrated that you can get a successful verdict against the United States Postal Service for the negligence of USPS mail carriers on the road.

On September 12, 2002, Jerry D. Jackson was on a motorcycle trip to South Carolina with nine other motorcycle riders. While the group was riding back home to North Carolina on U.S. Highway 701 a rural mail carrier employee, Carolyn Cole, entered the road [illegally] and crashed into Jerry and the group of 9 motorcyclists. Cole first hit Harry Halstead which caused the car to begin spinning and then hit Roy Joffrion.

Jerry Jackson never hit the car but as he attempted to swerve left of the vehicle he lost control and sustained fatal injuries. The Plaintiff, Mr. Jackson’s wife Kimberly Jackson, sued the United States Postal Service due to their negligence in her husband’s death. Were you injured in a vehicle accident caused by a postal worker? Contact Pulvers Thompson for a FREE case evaluation.

The total damages amounted to $4,131,916.08.

Dr. Jesse Riley, an expert in forensic psychiatry, evaluated and described the mental health impacts, along with the financial losses of Mr. Jackson’s death on his wife and his son. Several close friends and family also testified about how heartbroken the family was left after Mr. Jackson’s death and his role as the financial provider in their lives. The Court determined that the family was entitled to damages for their human losses (sometimes called non-economic damages), which were valued at four million dollars and funeral expenses which were $11,527.08.

If you have been injured in a motorcycle accident by a postal service truck, contact a lawyer immediately.

These types of wrecks can cause serious and life long injuries. We have represented clients who have been involved in such USPS collisions. These wrecks may require emergency EMT services, different types of medical imaging, physical therapy, occupational therapy, or speech therapy. Some of our clients have required out-patient appointments to neurologists, physical medicine and rehabilitation doctors, audiologists, ear-nose-throat (“ENT”) doctors, among several others. The Accident lawyers at Pulvers Thompson Will Fight for The compensation you deserve

Once you have dealt with all the medical issues that may arise out of such an accident, you may need to navigate the Federal Tort Claims administrative and legal framework to receive compensation for such injuries. We have experience navigating the FTCA administrative and legal infrastructure. Let the Vehicle Accident Lawyers at Pulvers Thompson do the heavy lifting for you.

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ABOUT US

Pulvers, Pulvers & Thompson, L.L.P., is a client-centric, results driven law firm with a focus on personal injury representation. With happy clients all over Greater New York and a strong record of success protecting their interests, we are confident that we can help you pursue the justice and compensation you need after a serious injury.

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