Northeast El Paso accident lawyer
Northeast El Paso lives alongside Fort Bliss. That matters after a crash: when the other driver was a soldier or federal employee on duty, the claim runs under federal law, with its own form, its own deadlines and no jury.
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When the other driver was on duty for Fort Bliss
If a soldier or a federal civilian employee hit you while doing their job — driving a military vehicle, a government car, or their own car on official business — you generally cannot sue that person. Federal law substitutes the United States as the defendant, and the claim runs under the Federal Tort Claims Act. For service members, the question is whether they were acting “in line of duty,” and that is decided under Texas law, the law of the place where the crash happened.
A Federal Tort Claims Act case works very differently from an ordinary car wreck claim:
A written claim comes first. Before any lawsuit, a claim has to be presented to the agency involved — for the Army, usually on Standard Form 95 — and it must state a specific dollar amount, called a sum certain. That number matters for the life of the case: a later lawsuit generally cannot ask for more, except for newly discovered evidence or later events.
The deadline is two years to present the claim to the agency. If the agency has not decided within six months, the claim can be treated as denied and a lawsuit filed. If the agency denies it in writing, suit must be filed within six months of the date the denial is mailed.
A driver who works for a private contractor, not the government, is not covered by the Act; that claim is against the contractor.
A judge decides, not a jury, and federal law does not allow punitive damages against the United States. Attorney’s fees in these claims are capped by statute as well.
Because the amount claimed can limit the recovery, the claim should not be filed until the injuries and their future cost are understood. Preparing and presenting it is our work, not yours.
Off duty is different
A soldier driving a personal car to the grocery store, off duty, is not acting in line of duty. A crash like that is an ordinary Texas injury claim against the driver and their insurance company, with the usual two-year deadline to sue. Many drivers in Northeast El Paso belong to military families, so the first question in these cases is simply what the other driver was doing at the time.
Who writes the report
A crash on the installation is handled by Fort Bliss’s own police, part of its Directorate of Emergency Services. Off post, on city streets, it is the El Paso Police Department — in this part of town, usually the Northeast Regional Command. When a military vehicle crashes off post, both can be involved. Knowing which report exists, and getting it, is our job.
The roads
US-54, the Patriot Freeway, carries most of the traffic between Northeast El Paso, Fort Bliss and downtown. Dyer Street, Business US-54, runs alongside it through the neighborhood. To the west, Loop 375 climbs over the Franklin Mountains as Woodrow Bean Transmountain Drive, a high-speed mountain road through Franklin Mountains State Park and the Castner Range, where serious crashes, including rollovers and motorcycle crashes, are regularly reported.
City buses and city vehicles
Sun Metro, including its Brio rapid-transit buses, is a City of El Paso department. A claim against the city, including a crash with a city vehicle or bus, requires written, sworn notice to the mayor within 90 days, or six months for good cause. That is far shorter than the two-year deadline people usually hear about.
Injured without papers? Your right to compensation in Texas doesn't depend on immigration status, and we don't ask about it to help you. What you should know.
Your next steps
See a doctor and describe the crash
Tell the provider how it happened and every symptom. The medical record is the backbone of any claim, federal or not.
Photograph the other vehicle’s markings
Government plates, unit markings, the vehicle number, and the driver’s name. They show who the driver worked for.
Write down what the driver said
Whether they were in uniform, headed to or from duty, or mentioned their unit or supervisor.
Call Jimmy
713-600-6233In English or Spanish, and your consultation is with the attorney. From there, the calls to the insurance company and the agencies are ours to make, not yours.
Common questions here
Can I sue the soldier who hit me?
How long do I have for a claim against the Army?
Will a jury hear a claim against the United States?
The crash was on Fort Bliss. Who has the report?
If someone else's negligence put you here, we take it from here
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