Collision between bicyclist, mail carrier results in litigation

John Suayan, Galveston Bureau Mar. 12, 2013, 2:05pm

HOUSTON - After getting into an accident with a mail truck two years ago, Harris County resident James Harris has filed a lawsuit. 

Recent court documents targeting the U.S. Postal Service and an unnamed female employee were filed Jan. 3 in Harris County District Court.

The Houston Division of the Southern District of Texas received the case on March 7.

Harris explains that he was riding his bicycle in the 4700 block of Crane Street in Northeast Houston when the incident in question occurred on Jan. 3, 2011.

According to the original petition, Jane Doe pulled the USPS truck in front of the complainant and caused him to nosedive into an overflow trench headfirst.

Harris says he sustained personal injuries as a result of the collision.

The suit faults the mail carrier for:

  • Failure to maintain a proper lookout;

  • Failing to yield the right of way;

  • Failing to keep an assured clear distance;

  • Failing to pay attention to surrounding vehicles and traffic conditions;

  • Failing to operate the vehicle reasonably and safely;

  • Failing to warn;

  • Failing to sound the horn; and

  • Running a stop sign.

It blames the USPS for vicarious liability given the woman's apparent actions while operating one of its trucks.

Consequently, the plaintiff seeks no more than $100,000 in damages.

He is represented by attorney Richard J. Presutti of Houston.

Case No. 4:13-CV-617

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