QUESTION
Can I sue the post office after I was hit by the postman on duty?
Asked on Dec 03rd, 2013 on Personal Injury - Utah
More details to this question:
He was driving his own car and he ran through the stop sign. I'm hurt and my car is totaled.
16 ANSWERS
If the postman was on duty at the time, you could sue the post office and the postman.
Answered on Dec 05th, 2013 at 6:07 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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In New York, the Post Office will be liable for the damages inflicted by its employee in a course of his/her duties. You should demand a complete restitution from the Post Office, and, if they do not offer you a satisfactory settlement, bring a law suit against the postman and the Post Office.
Answered on Dec 05th, 2013 at 6:07 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can, but you'd have to file a claim under the Federal Tort Claims Practices act. It might be easier to sue the driver directly and his auto liability insurance would kick in.
Answered on Dec 05th, 2013 at 6:04 PM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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You may have a claim against him and or his employer if he was at fault for hitting you.
Answered on Dec 05th, 2013 at 6:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probable yes, if he was on duty or official business.
Answered on Dec 04th, 2013 at 9:03 PM
Yes of course you can sue him.
Answered on Dec 04th, 2013 at 8:40 PM
James Eugene Hasser
It depends on whether he was on the job at the time of the accident. Good luck.
Answered on Dec 04th, 2013 at 8:18 PM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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If the postman was in the "course and scope of his employment" with the Post Office when he hit you, you may have a claim against the Post Office. Any claim against the post office for the negligence of its employee while performing employment duties for the Post Office falls under the Federal Tort Claims Act, which has certain claims procedures and deadlines that must be followed.
Answered on Dec 04th, 2013 at 8:18 PM
Advocacy Attorney serving Boca Raton, FL
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Steven H. Meyer, P.A.
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If the postal employee was at fault, then you can make a claim under the federal tort claims act. These types of claims are complicated. You should definitely contact an attorney who is experienced in handling this type of claim. In particular, you should look for an attorney who is board certified in civil trial lawyer, as are the attorneys in our office, as this indicates that an attorney is an expert in this field. We offer a free initial consultation and would be happy to discuss the situation with you.
Answered on Dec 04th, 2013 at 8:18 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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IF he was on duty, yes, you can.
Answered on Dec 04th, 2013 at 8:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Talk with a local personal injury attorney about the best way to proceed. If it is only the car and minor injuries, it is probable that his car insurance will cover everything and you won't need to sue the post office.
Answered on Dec 04th, 2013 at 8:17 PM
Edwin K. Niles
You certainly have a claim. If he was driving his own car, it doesn't sound as if he was on duty. If that is the case, you make the claim against the driver (and his insurance co.) If he was actually on duty, you must observe the special rules that apply to governmental claims, which generally have a VERY short time within which to act. See a lawyer ASAP.
Answered on Dec 04th, 2013 at 8:17 PM
Thomas Edward Gates
If he was no at work when he hit you, you cannot sue the post office. Further, you would file a claim against his insurance carrier.
Answered on Dec 04th, 2013 at 8:17 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes. You need to first file a government tort claim within 6 months of the incident.
Answered on Dec 04th, 2013 at 8:17 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Yes, you can sue both the driver and his employer.
Answered on Dec 04th, 2013 at 8:16 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, you can file an injury claim for being hit by the postman while he was driving the a vehicle of the U.S. Post Office. You were injured and your car was totaled, therefore it appears you have a valid injury claim for bodily injury damages (your injuries) and property damage (your vehicle). Contact an injury lawyer to represent you in your case to make sure you are protected, advocated for, and receive fair financial compensation for the current and future impact of your injuries. Good luck.
Answered on Dec 04th, 2013 at 8:15 PM