Hurt in a police chase crash in El Paso?

A crash during a police chase usually involves two kinds of claims. The driver who ran is responsible for the crash he causes, and his insurance, the vehicle owner's insurance and your own coverage are often where compensation starts. Separately, if the officers' or agents' own driving helped cause the crash, there may be a claim against the government.

Chases have become far more common here. A study by the El Paso County Attorney's Office found a 625% increase in DPS vehicle pursuits from 2022 to 2023, that 85% began over minor traffic violations and that 49% topped 100 mph. Chases run along I-10, Loop 375, Montana, Alameda and North Loop, and through Socorro, Clint, San Elizario and the Lower Valley.

DPS troopers and other Texas agencies are covered by the Texas Tort Claims Act. During a chase, you generally must show the trooper acted recklessly, not just carelessly, and get past the trooper's official immunity. The Texas Supreme Court made both hurdles clear in two December 2024 decisions. Notice is due within six months, and the State's liability is capped at $250,000 per person and $500,000 per crash.

Border Patrol, ICE and other federal agencies are covered by the Federal Tort Claims Act. A written claim, usually on Standard Form 95, must be presented to the agency within two years, with a specific dollar amount that generally caps the recovery. If it's denied, the case goes to the federal court in El Paso and is decided by a judge, not a jury.

The El Paso Police Department is part of the City of El Paso, which requires a sworn notice of claim within 90 days of the injury. The El Paso County Sheriff's Office falls under the Tort Claims Act's six-month notice rule.

Federal pursuit policies have changed several times since 2023, and immigration agencies' vehicle-stop rules changed again in 2026. One of the first things we do is find out which policy governed the officers on the day of your crash, and whether they followed it.

Many fleeing drivers are uninsured. That is why your own uninsured/underinsured motorist coverage and PIP matter so much in chase cases. Unless you rejected them in writing, you likely have them.

Your right to compensation doesn't depend on your immigration status, including for passengers who were being transported by a smuggler. We don't ask about status to help you.

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.

Sources: Tex. Civ. Prac. & Rem. Code ch. 101 (Tort Claims Act) · City of Austin v. Powell (Tex. 2024) · City of Houston v. Rodriguez (Tex. 2024) · El Paso County pursuit study (KFOX14) · 28 U.S.C. § 2675 · City of El Paso: Filing a claim

Built for chase cases

• We sort out which law applies first. State, federal, city or county, each with its own deadline.
• We handle the insurers and agencies. We handle communications with them for you, from the first call.
• We move fast on evidence. Video, radio, data and witnesses, before they are gone.
• We find every source of payment. Drivers, owners, companies, government claims and your own coverage.
• Your whole case in Spanish. Jimmy speaks Spanish, and you can talk with him directly.
• We work the way you need. By phone, text, email and video call, and in person when needed, just like we do in Houston.
• No fee unless we win. The consultation is free, and there is nothing to pay up front.

All of El Paso, and all of Texas

We help people across El Paso County: the Westside, Downtown, Central, the Eastside and Far East, the Northeast, the Lower Valley and Mission Valley, Socorro, Horizon City, San Elizario, Clint, Fabens, Canutillo and Anthony, and families in Juárez and southern New Mexico.