Hell’s Kitchen, NY (August 8, 2026) – Just after 5:30 a.m. on August 8, a 66-year-old man was struck by a United States Postal Service box truck while crossing Ninth Avenue near West 55th Street. The driver left the scene. The victim was taken to a local hospital, where he was pronounced dead, according to police.
The victim’s identity had not been publicly released as of publication. Police say he was crossing Ninth Avenue when the USPS truck struck him and the driver did not stop.
On August 9, the NYPD announced the arrest of James Simmons, 61, of Queens, a U.S. Postal Service employee who was operating the truck at the time of the crash. Simmons was charged with leaving the scene of an accident resulting in death, according to police.
The investigation is ongoing.
This is a developing story. Details may change as the investigation continues.
Fatal Hit-and-Run Accidents Involving Federal Vehicles in Manhattan
When a federal government vehicle is involved in a fatal crash, the civil claims process follows a different path than a standard car accident claim in New York. Because USPS is a federal agency, claims are governed by the Federal Tort Claims Act rather than state negligence law.
Key deadlines and procedures for this case:
- Administrative claim deadline: under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), an administrative claim must be submitted to the United States Postal Service within two years of the date the claim accrued. The crash occurred on August 8, 2026. The administrative filing deadline is August 8, 2028
- After USPS denies the claim or six months pass with no response, the claimant has six months to file suit in federal district court. Missing the administrative deadline closes that door permanently
- Wrongful death claim: New York’s wrongful death statute (EPTL § 5-4.1) sets a two-year filing deadline from the date of death. That deadline also falls on August 8, 2028
- The criminal charge against the driver runs on a completely separate track. The family of the victim does not need to wait for the criminal case to conclude before pursuing a civil claim
What attorneys and investigators examine in a fatal pedestrian crash at this intersection includes NYPD incident reports, USPS vehicle GPS and route data, any dashcam or onboard camera footage from the postal truck, traffic camera recordings from Ninth Avenue, and witness accounts from the area. The USPS driver’s route sheet and delivery schedule for that morning are also part of the civil record.
The death of a 66-year-old man in Manhattan supports a wrongful death claim that may include loss of future income and financial support, loss of companionship, conscious pain and suffering, and funeral and estate costs, depending on the circumstances of his life and family situation.
Two years pass quickly in a federal administrative process. Families who contact an attorney early are better positioned to gather and preserve the evidence that supports their claim before it is lost or overwritten.
Contact Our Manhattan Hit-and-Run Accident Attorneys
A father, a brother, a longtime neighbor: whoever this man was to the people who loved him, they deserve answers and they deserve a legal process that holds the right parties accountable, including the agency responsible for the vehicle and the driver’s conduct that morning.
Our NYC pedestrian accident attorneys and our New York truck accident lawyers handle fatal hit-and-run cases across the city, including cases involving government and commercial vehicles where the claims process requires federal filings. We have recovered more than $900 million for injured New Yorkers and their families over more than 25 years of practice.
The USPS truck’s GPS data and onboard records are worth preserving now. Federal agency evidence requests follow their own rules, and an attorney who knows the FTCA process can move on that quickly.
There is no upfront cost, and no fee is collected unless we recover for you.
Why Manhattan families trust Frekhtman & Associates:
- $900M+ recovered for injured New York clients across more than 25 years of practice
- $69,225,000 auto accident jury verdict, one of the largest in New York State history
- Free 24/7 consultations, including home and hospital visits for clients unable to travel
- Personal callbacks from founding attorney Arkady Frekhtman
- Russian-language services available
- Zero fees unless we win your case
- Manhattan office at 30 Broad St, serving families across the borough
- $2,000,000 wrongful death result
