New Mexico USPS Accident Attorney

The United States Postal Service (USPS) is an independent agency of the federal government that is responsible for providing postal services to all 50 states. USPS has more than 235,000 delivery vehicles – making it one of the largest civilian fleets in the world. Unfortunately, not all USPS vehicles and drivers are safe. This leads to serious accidents involving USPS delivery trucks.

If you or a loved one has been injured in a USPS accident in New Mexico, the attorneys at The Fine Law Firm can help you pick up the pieces of your life and move forward with the compensation you deserve. Our New Mexico truck accident lawyers have more than 40 years of legal experience helping injured clients. We are dedicated to protecting the rights of those affected by USPS truck accidents.

Why Choose The Fine Law Firm?

• We are nationally recognized and locally respected. The Fine Law Firm is one of the few firms that has achieved the highest possible rating with both Martindale Hubbell and AVVO. We have multiple offices in New Mexico and have long been part of the community.

• Our personal injury, truck accident and delivery vehicle accident lawyers have decades of experience handling these types of cases. Our law firm has established itself as a leader in legal services over two generations of lawyers.

• We care about our clients and operate on a contingency fee basis. This means you will not pay your New Mexico USPS accident attorney unless we win your case and secure financial compensation on your behalf.

Why Should I Hire a New Mexico USPS Accident Attorney?

Hiring an attorney after a New Mexico USPS accident can be crucial for protecting your legal rights as an injured victim. The insurance company and legal team for the United States Postal Service will not want what is best for you during injury claim negotiations. A personal injury lawyer, on the other hand, is obligated to protect your best interests.

USPS accident cases can be complex. You can trust a USPS accident attorney to handle complicated legal issues for you while you focus on healing from your injuries, such as collecting evidence and hiring experts to testify. Evidence in a truck accident case can be difficult to obtain, such as the truck’s black box and USPS safety records.

The unique circumstances surrounding USPS accident cases can make them more difficult to navigate as an injured victim. Hiring an attorney will give you the ability to understand your rights, file a claim before the state’s deadline, advocate for fair financial compensation and even take your case to court, if necessary.

Common Causes of USPS Accidents in New Mexico

New Mexico has a fault-based car insurance law. Under this rule, injured car accident victims can seek financial benefits from the insurance provider of the at-fault driver or party. In a no-fault state, on the other hand, victims file first-party insurance claims with their own carriers, regardless of fault. The fault-based system makes it necessary to determine the cause of a USPS accident before filing an insurance claim.

Most USPS accidents are caused by negligence, or the failure to use the proper amount of care. Examples include:

• Delivery driver negligence: careless and reckless actions by a USPS truck driver can cause traffic accidents. Examples include speeding, distracted driving, drunk driving, violating traffic laws, tailgating, failing to yield the right-of-way, red-light running and drowsy driving.

• USPS negligence: as an employer, USPS can make mistakes that increase the odds of truck accidents, such as failing to properly train its delivery drivers, improperly maintaining its trucks or delivery vehicles, and breaking state or federal trucking regulations.

• Delivery vehicle malfunctions: if a USPS truck is not properly inspected or maintained, it could experience malfunctions in transit, such as brake failure or the loss of power steering, that result in accidents.

It is critical for USPS and all of its employees to fulfill their responsibilities in terms of delivery safety. This includes obeying the laws that apply to commercial trucks, such as cargo securement rules, hours-of-service regulations for drivers and fleet maintenance minimums. Any breach of this responsibility of care can lead to a preventable USPS truck accident.

What Should I Do Immediately After a USPS Vehicle Accident in New Mexico?

If you get involved in a USPS accident, it is important to remember what steps to take to protect yourself physically and legally. During an injury claim, an insurance company will look to see what you did and did not do in the aftermath of the crash to determine your eligibility for benefits, such as whether or not you saw a doctor. Taking the right steps can help you build a stronger claim.

If you can, here’s what to do:

1. Ensure your safety. Pull over in a safe place as close as possible to the scene of the USPS accident. Check for injuries and call for emergency medical services, if necessary.

1. Seek immediate medical care. Go to a hospital without delay for injury treatment. Waiting to get medical care can give an insurance company a reason to deny your claim.

1. Contact law enforcement. Call 911 from your cell phone to report the delivery truck accident to the appropriate agency. When the police arrive, do not admit fault for the crash.

1. Exchange information. Write down the name of the USPS driver, a description of the vehicle and the license plate number. Record witness information, as well.

1. Gather evidence. Take photos of the scene of the USPS accident. Look to see if there are any traffic or surveillance cameras that may have recorded the collision.

1. Notify USPS. Contact the United States Postal Service as soon as possible to report the accident. Give them details about the collision and obtain a claim or incident number.

1. Contact your insurance company. Call your own car insurance company to report the accident. Provide them with any information and documentation you’ve gathered to file a claim.

1. Keep records as you heal. Document your injuries during your recovery by taking photos and maintaining an injury journal. Keep copies of all relevant medical records and bills.

1. Do not trust an insurance claims adjuster. Do not give an insurance company a recorded statement or say yes to the first settlement offer if your claim is accepted.

1. Learn your rights. Contact a USPS accident lawyer at The Fine Law Firm for advice about your legal rights and options before you continue with the insurance claims process.

Once you accept a settlement for a USPS vehicle accident in New Mexico, you cannot reopen your case or negotiate for a higher settlement value – even if you discover that your injuries are more severe and expensive than you initially thought. This is why it is important to be cautious with settlement offers and contact an attorney for a case review before signing anything.

What Type of Compensation Can I Claim After a USPS Accident in New Mexico?

Vehicle accident victims in New Mexico have the right to seek damages, or financial compensation, for a variety of economic and noneconomic losses that were suffered in the crash. Economic damages refer to the financial costs of an accident, while noneconomic are the non-monetary losses, such as emotional distress. A successful claim can result in a settlement or judgment award that reimburses a plaintiff for all losses associated with the crash.

Potential types of compensation include:

• Medical bills: past and future health care costs connected to the accident, such as surgeries, physical therapy, medications, rehabilitation, disability accommodations, live-in care and future recommended medical treatments.

• Property damage: physical damage your motor vehicle sustained in the USPS truck accident, such as dents that need to be repaired or the total precrash value of your vehicle if it is deemed a “total loss” (totaled).

• Lost wages: the income, earnings and employment opportunities you lost from having to take time off work to heal from your injuries. This could include lost future earning capacity if you suffered a long-term or permanent disability.

• Pain and suffering: the physical pain, mental distress and emotional hardships you have had to face because of the USPS accident. This may include post-traumatic stress disorder (PTSD), depression, anxiety, inconvenience, grief and loss of enjoyment of life

• Wrongful death damages: reasonable funeral and burial costs, loss of consortium, loss of inheritance, loss of household services, loss of love and companionship, mental anguish, and other damages caused by the death of a loved one in a fatal USPS collision.

The injuries caused by a USPS accident can be severe. Getting hit by a USPS truck could cause broken bones, dislocations, back and spine injuries, traumatic brain injuries, crush injuries, or amputations. The value of a personal injury claim will vary based on the extent of the plaintiff’s injuries. For example, the harm resulting from catastrophic injuries is greater than minor injuries, meaning victims are generally entitled to greater compensation. Discuss the potential value of your USPS accident case with our lawyers before accepting a settlement.

How Long Do I Have to File a Claim for a USPS Accident in New Mexico?

USPS accident victims in New Mexico must comply with the state’s statute of limitations when taking legal action. There is a strict filing deadline that, if missed, can mean the loss of the right to seek financial compensation from the at-fault party. In New Mexico, state law gives you no more than three years to file a personal injury claim and four years to file a property damage claim, in most car accident cases.

There are some exceptions to the rule in unique circumstances. If you need to sue USPS directly for causing your accident, the New Mexico Tort Claims Act gives you two years rather than three or four to file a claim against the government. However, you must present your initial claim within just 90 days. Another example is if the injured victim is a minor under the age of 18, in which case the right to file is not barred until one year from the victim’s 18th birthday or three years from the accident – whichever is longer.

The clock on the statute of limitations typically starts to count down on the date of the automobile or truck accident. However, if the victim did not discover his or her injuries right away (e.g., in the case of a brain injury with hidden symptoms and delayed discovery), the clock would not start ticking until the date that a reasonable person would have discovered the injury or property damage.

Can the United States Postal Service Be Held Liable for a Delivery Truck Accident?

Yes, USPS can be held liable for a delivery truck accident under certain circumstances. Although USPS is immune and protected from certain types of tort claims as a federal agency, the New Mexico Tort Claims Act gives some exceptions where liability may be established. For example, USPS can be held liable for the negligence of its on-duty employees.

If a USPS worker caused a delivery truck accident while acting within the course and scope of his or her job, victims can hold USPS vicariously liable. USPS can also be held liable for a delivery truck accident that is caused by the agency’s negligence. If USPS fails to fulfill its responsibility to properly maintain delivery vehicles, for example, it can be held liable for an accident caused by a part breakdown or vehicle malfunction.

Are USPS Drivers Held to Different Standards in Accident Cases in New Mexico?

Yes, USPS drivers are held to different standards compared to typical drivers as government workers in New Mexico. USPS delivery drivers are federal employees who work for the United States. This means they are protected by the doctrine of sovereign immunity, which places limitations on when a government employee can be held liable for causing an accident.

USPS drivers must also adhere to federal safety standards when operating common carriers, or commercial vehicles that transport goods. Federal regulations apply to how USPS truck drivers must act while engaged in official job duties, such as how many hours they are permitted to drive before they have to take a rest break. Violating safety regulations could lead to liability going to USPS for a related car accident.

Contact Our New Mexico USPS Accident Attorneys Today

If you or someone you love was recently involved in a USPS delivery truck accident in New Mexico, seek legal advice from an experienced attorney at The Fine Law Firm without delay. Our lawyers can assess the specific circumstances surrounding your case after listening to your story. Then, we can guide you through your legal rights, recovery options, and the process of filing a claim against the United States Postal Service or a third party, if warranted.

We have more than four decades of experience handling commercial and delivery truck accident cases. Our team of attorneys is dedicated to seeking full compensation for our clients. Start your case with a free, no-obligation evaluation at our local law office. Contact us online or call (505) 889-3463 to speak to a USPS accident attorney in New Mexico today. We also represent clients in accident cases involving UPS, FedEx and Amazon delivery vehicles.