US FederalIs the government liable if a postal truck hits me?
Yes, the federal government can be held liable if a U.S. Postal Service truck hits you, but only under the Federal Tort Claims Act (FTCA), which waives sovereign immunity for negligence by federal employees acting within the scope of their duties.
What the Law Says
The Federal Tort Claims Act (FTCA) is the primary law that allows private individuals to sue the U.S. government for injuries caused by federal employees’ negligence — including postal drivers.
Under the FTCA, the United States accepts liability for money damages 'for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment.' This includes U.S. Postal Service drivers, who are federal employees.
Importantly, the FTCA does not cover intentional torts like assault or battery (unless committed by law enforcement officers under specific circumstances), nor does it waive immunity for discretionary policy decisions. Liability hinges on whether the driver’s conduct was negligent and occurred during official duties.
The government is held to the same standard as a private person under like circumstances — meaning state law governs whether the driver’s actions were negligent (e.g., running a red light, distracted driving).
Statutory TextThe United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances...
— 28 U.S.C. § 2674 — Government liability for torts
What to Do
File an administrative claim with the U.S. Postal Service using Form SF-95 within 2 years of the incident.
Wait for the agency’s written decision — you must receive a formal denial (or wait 6 months with no response) before filing suit.
If denied or ignored, file a lawsuit in federal district court within 6 months of the denial date.
Note: You cannot demand a jury trial — FTCA cases are decided by a judge alone.
Consult a lawyer experienced in FTCA claims, as procedural missteps can permanently bar your case.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.