I was hurt in a crash during a DPS trooper chase in El Paso. Can I sue the State?

A chase crash usually means two claims

When a Texas Department of Public Safety trooper chases a car through El Paso and someone uninvolved gets hurt, there are usually two possible claims. The first is against the driver who ran: fleeing police is a crime, and the driver is responsible for the crash he causes. The second is against the State of Texas, for how the trooper drove or handled the chase. They are very different claims, with different rules, and a strong case often uses both, along with your own insurance.

El Paso has seen a surge in DPS chases

Since Operation Lone Star began, DPS pursuits in El Paso County have climbed sharply. A study by the El Paso County Attorney's Office found a 625% increase in DPS vehicle pursuits from 2022 to 2023, that 85% of them began over minor traffic violations, and that 49% topped 100 mph. These chases run along I-10, Loop 375, Montana, Alameda and through Socorro, Clint and the Lower Valley, and the people hurt are often drivers, passengers and pedestrians who had nothing to do with it.

Suing the State: the Texas Tort Claims Act

The State is normally immune from lawsuits. The Texas Tort Claims Act waives that immunity for injuries caused by a state employee's use of a motor vehicle, which includes a trooper's patrol car. But for chases, the Act adds two hurdles that decide most cases:

• The emergency exception. The waiver does not apply to an officer responding to an emergency unless the officer broke a law that specifically governs emergency driving or, if none applies, acted with conscious indifference or reckless disregard for the safety of others. In City of Austin v. Powell (2024), the Texas Supreme Court held that ordinary traffic rules don't count, and that carelessness is not recklessness.
• Official immunity. The State is liable only if the trooper would be. A trooper who acted in good faith, meaning a reasonable officer could have believed the need to catch the suspect outweighed the risk, is protected. In City of Houston v. Rodriguez (2024), the Court applied that rule to dismiss a chase case.

That doesn't make these claims impossible. Speed through a crowded intersection, chasing over a minor traffic violation, ignoring a supervisor or policy, no lights or siren, or continuing after the danger was obvious can all show recklessness. Texas law also requires emergency drivers to drive with appropriate regard for everyone's safety. But it means the evidence has to be gathered early and the case built carefully.

What the State can pay, and the six-month notice

Even when the claim succeeds, the Act caps the State's liability at $250,000 per person and $500,000 per crash for injuries and deaths. And the State must receive written notice of the claim within six months of the crash, describing the injury, when and where it happened, and the incident. Notice is excused only if the State actually knew it was at fault, which is risky to rely on. We prepare and send the notice for you.

Don't overlook the other sources

• The fleeing driver's liability insurance, if he had any. Many fleeing drivers are uninsured or driving someone else's car, so we also look at the owner's policy.
• Your own uninsured/underinsured motorist coverage (UM/UIM). Texas insurers must offer it and you have it unless you rejected it in writing. It often pays when the fleeing driver can't.
• Your own personal injury protection (PIP), which pays medical bills and lost wages quickly, regardless of fault.

The evidence we go after

• Dash camera and body camera video from every unit involved.
• Radio traffic, dispatch logs and the trooper's pursuit report.
• GPS and speed data from the patrol car, and the crash data recorders in the cars.
• The DPS pursuit policy in effect that day, and whether a supervisor approved or ended the chase.
• Witnesses and nearby video from businesses and homes, which disappears within days.

We send preservation demands right away and request records under the Texas Public Information Act. Some records are withheld while a criminal case is open, and then we get them through the lawsuit.

A trap to avoid

Under the Tort Claims Act, suing the trooper personally and the State in the same case can cost you the claim against one of them. How the claim is filed matters from the first day. Jimmy Suerken grew up in El Paso. He is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. We handle El Paso cases the way we handle them in Houston: by phone, email and video call, and in person when needed.

Police chase crashes in El Paso: what to know

Other ways people ask this

The trooper didn't hit me. The car he was chasing did. Can I still sue the State?

Possibly, but it is harder. You must connect the trooper's decisions, such as starting or continuing a dangerous chase, to the crash, and get past the emergency exception and official immunity. The fleeing driver and your own UM coverage are usually the first sources.

How long do I have?

Written notice to the State is due within six months of the crash. A lawsuit generally must be filed within two years. Don't wait: video and radio records are not kept forever.

Can I get more than $250,000 from the State?

Not from the State under the Tort Claims Act. Other sources, such as the fleeing driver's insurance and your own UM/UIM coverage, are added on top.

Does it matter that the person they were chasing was smuggling people?

Not to your rights as an innocent driver, passenger or pedestrian. It can matter to how reasonable the chase was, which is one of the central questions.

Do I need papers to make a claim?

No. Your right to compensation in Texas doesn't depend on your immigration status, and we don't ask about it to help you.

Does Jimmy handle these cases?

Yes. We handle claims arising from law enforcement chases in El Paso, against fleeing drivers, insurers and government agencies.

Authority: Tex. Civ. Prac. & Rem. Code ch. 101 (Tort Claims Act) · City of Austin v. Powell (Tex. 2024) · City of Houston v. Rodriguez (Tex. 2024) · Tex. Transp. Code § 546.005 · El Paso County pursuit study (KFOX14) · Tex. Ins. Code § 1952.101 (UM/UIM)