From car crashes involving USPS trucks in Los Angeles to slip-and-fall accidents at Yosemite National Park, FTCA claims can happen almost anywhere in the Golden State. And if you’re not prepared for the FTCA’s unique requirements, you might find your case dismissed before it even begins.
Holding the U.S. Accountable: The Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) is a law that allows people to file injury claims against the federal government when its employees cause harm through negligence.
Normally, the government is immune from lawsuits, but the FTCA creates an exception, letting injured individuals seek compensation for things like car accidents, medical malpractice, or unsafe conditions on federal property.
According to federal data, the U.S. spends hundreds of millions of dollars every year resolving FTCA claims, and the Department of Justice manages thousands of these cases annually.
If you’ve been hurt because of a federal employee’s actions in California, whether it’s a USPS truck hitting your car in Los Angeles or a fall at a national park, you may be able to recover damages under the FTCA.
California’s Federal Footprint and FTCA Hotspots
California’s vast size and diversity mean the federal government has a presence almost everywhere. That also means FTCA claims can arise in many different settings. Here are the top places and situations where they happen:
Claims Against National Parks & Forests
California has 9 national parks, more than any other state, including Yosemite, Joshua Tree, and Sequoia. Common claims involve unsafe trails, falling debris, or shuttle bus crashes.
Military Installations Incidents
Bases like Camp Pendleton and Naval Base San Diego see on-base incidents and vehicle accidents involving federal personnel. These claims can also involve hazardous conditions on base property or accidents during military transport operations.
VA Hospital Malpractice Claims
With 31 VA medical facilities statewide, California has frequent FTCA claims for medical malpractice tied to veteran care.
Federal Vehicles & USPS Accidents
The U.S. Postal Service operates more than 1,400 post offices in California and is part of a nationwide fleet of over 230,000 vehicles. With California’s size and heavy traffic, the state ranks among the top for federal vehicle accident reports. In 2022, federal motor vehicle incidents made up roughly 20% of all FTCA claims.
Accidents on Federal Highways & Lands
Roads under federal control, especially near military bases or national parks, are frequent FTCA claim locations. California alone has 14,000+ miles of federally maintained roads, making accidents on these routes a common source of claims.
Why it matters: Knowing where these federal hotspots are is only the first step. The real challenge is ensuring that your claim is filed with the correct agency and before the strict FTCA deadlines. One mistake could cost you your entire case.
At El Dabe Ritter Trial Lawyers, our California personal injury attorneys know how to navigate FTCA claims and fight for the compensation you deserve. Call us today for a free consultation and let us help you take the right steps forward!
Understanding Postal Service Claims Under the FTCA
Accidents involving the U.S. Postal Service are among the most frequent FTCA cases in California. With over 1,400 post offices and an estimated 25,000 USPS vehicles on the road, it’s no surprise that collisions happen often in traffic-heavy regions like Los Angeles, San Diego, and the Bay Area.
Every day, mail trucks share crowded streets with commuters, cyclists, and pedestrians, increasing the potential for accidents.
These crashes can take many forms. Either a carrier rolling through a stop sign, a truck backing into a parked car on a narrow street, or a collision with a pedestrian in a crosswalk. What makes these cases unique is that USPS drivers are federal employees, not private contractors.
That means you can’t pursue a standard insurance claim the way you would after a crash with UPS, FedEx, or Amazon. Instead, you must follow the strict rules of the Federal Tort Claims Act.
Why FTCA Claims Feel Different in California
Many Californians assume that filing a claim against the federal government works the same way as filing one against the state under the California Tort Claims Act (CTCA). In reality, the process is completely different.
While both laws deal with injury claims against the government, the FTCA is a federal law and has its own rules, deadlines, and forms. For example, under the FTCA, you must submit a specific form called an SF-95 and include a “sum certain” amount for damages, something the CTCA actually prohibits if your damages are over $10,000. This difference alone can trip up people who are familiar with California’s state process.
Factor | FTCA(Federal) | CTCA(California) |
Who You Sue | Federal Government (federal employees) | State or local government (CA employees/agencies) |
Deadline to File Claim | 2 years from injury | 6 months from injury |
Form | SF-95, must include a “sum certain” dollar amount | Government claim form, no dollar amount if over $10,000 |
Where to File | With the federal agency responsible | With the California agency/local entity |
After Denial | 6 months to sue in federal court (judge only) | 6 months to sue in state court (jury allowed) |
FTCA Timelines with California Injury Laws
One of the biggest mistakes Californians make with FTCA claims is assuming the timelines match the state’s two-year statute of limitations for personal injury. The FTCA has its own deadlines:
- You have two years from the date of injury to file your administrative claim with the federal agency.
- If the agency denies your claim, you have only six months to file a lawsuit in federal court.
Missing these deadlines, especially the short six-month window after a denial, can completely bar your claim, no matter how strong your case is.
The FTCA Claims Process in California
An FTCA claim is not handled the same way as a typical personal injury claim; it follows a specific administrative process before you can ever step into court. The process works like this:
- Confirm Federal Liability – Show that a federal employee’s negligence caused your injury and that they were acting within the scope of their employment. Independent contractors are not covered by the FTCA.
- File an Administrative Claim – Submit Form SF-95 to the right federal agency within two years. Include how the incident happened, a “sum certain” demand, and evidence like medical records, bills, or accident reports.
- Agency Review – Once received, the agency has six months to investigate and either approve, deny, or take no action on your claim.
- Settlement or Lawsuit – If approved, you may be offered a settlement. If denied or if the agency does not respond within six months, you have another six months to file a lawsuit in federal court.
- Court Process – FTCA lawsuits are decided by a federal judge, not a jury, which makes the process different from typical California personal injury cases.
Avoid These FTCA Filing Mistakes
Filing a claim under the Federal Tort Claims Act isn’t as simple as mailing in a form. The process is filled with strict rules, hidden technicalities, and unforgiving deadlines.
Many strong cases in California have been thrown out, not because the injury wasn’t real, but because of a paperwork error. Before you begin, make sure you know the most common mistakes that can derail an FTCA claim.
- Sending the SF-95 form to the wrong office – Many federal agencies have regional locations in California, but claims must often be sent to Washington, D.C., or a specific national claims center.
- Leaving out the “sum certain” amount – Forgetting to list the exact dollar amount you’re claiming can lead to dismissal.
- Missing the six-month post-denial deadline – Even experienced claimants have lost cases by waiting too long after a rejection.
Recommended Reading:
How a Personal Injury Attorney Can Protect Your FTCA Case
Filing an FTCA claim in California goes far beyond filling out forms; it requires navigating complex rules, strict deadlines, and a federal process that leaves no room for error.
Even small mistakes, like sending your claim to the wrong office or missing the six-month post-denial window, can cost you your entire case. That’s why having the right legal guidance matters.
Our skilled California personal injury attorney can:
- Determine the right path – Identify whether your claim falls under the FTCA, the California Tort Claims Act, or both.
- Protect your deadlines – Ensure your SF-95 form and supporting documents are filed with the correct agency, on time.
- Build your case – Gather medical records, accident reports, and expert testimony to prove negligence and damages.
- Stand up to the government – Handle negotiations with federal lawyers and agencies so you don’t have to face them alone.
With our experienced attorney on your side, you’ll have someone who understands how to level the playing field and fight for the compensation you deserve.
Talk to Our Experienced Personal Injury Lawyers Today!
If you were injured because of a federal employee’s negligence in California, you don’t have to figure out the FTCA process alone. At El Dabe Ritter Trial Lawyers, we have years of experience handling complex government claims and fighting for the compensation our clients deserve.
Call us today for a free consultation, let’s talk about your rights, your options, and how we can help you hold the federal government accountable.
Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.