McAllen Personal Injury and Wrongful Death Attorney J. Gonzalez
by Benjamin Treviño | February 13th, 2026 | Blog, Personal Injury
Can soldiers be sued for off-duty car crashes?
Yes, soldiers can be sued for off-duty car crashes.
Off-duty soldiers, just like civilians, are personally liable for negligent actions committed when not acting within the scope of their employment.
The Feres doctrine protects the military from lawsuits for on-duty injuries. However, it does not shield service members from civil liability for personal, off-duty accidents.
Key details regarding off-duty crashes
Liability: Off-duty service members who negligently cause a crash that results in injury or death can be sued for personal injury by the victim or they can be sued for wrongful death by an immediate family member of the deceased.
Insurance: Generally, the service member’s personal insurance provider is responsible for damages.
Criminal Charges: Service members can face both civilian charges (if off-post) and military prosecution (court-martial) for incidents like DUIs.
Exceptions: If the soldier was on official orders or performing duties, the Federal Tort Claims Act (FTCA) might apply, making the government, rather than the individual, liable.
Injured parties can file claims or lawsuits directly against the soldier for negligence.
Contact J. Gonzalez
Filing a claim or lawsuit against a service member requires the assistance of a seasoned tort attorney who can effectively navigate the complexities involved. As in the case below, the soldier might be from another state and they might be facing criminal charges as well.
These are all considerations to keep in mind when choosing a personal injury or wrongful death attorney.
J. Gonzalez and his team of attorneys have decades of combined experience in tort law so there is very little they haven’t dealt with on behalf of their clients.
Contact the J. Gonzalez Law Firm to schedule a free, no-obligation consultation. It’s completely free and you pay nothing unless we win your case. Reach out to us via this website or by calling 1-800-CAR-CRASH.
We’re ready to work for you.
Guardsman pleads guilty to intoxication manslaughter
By: Benjamin Treviño
EDINBURG – A National Guard soldier has pleaded guilty to an intoxication manslaughter charge in connection with a 2021 crash that left a fellow soldier dead and another injured.
18-year-old Army Spc. Bianca Farmer pleaded guilty February 10.
The single-vehicle accident happened at about 2:24 a.m. September 5, 2021 in the 100 block of N. 23rd St. According to the McAllen Police Department, when officers arrived on the scene they observed a silver Ford F-150 with “major damage” to the truck’s front left side. The vehicle was stationary near a wooden utility pole. Police also saw debris on the roadway, according to a probable cause affidavit.
23-year-old Army Spc. Nashyra S. Whitaker, who was a passenger in the right rear seat, was transported to a hospital with head and arm injuries. She died about an hour later.
Another passenger, Army Spc. Claude Berry Cecil, was also transported to a hospital where his right arm was amputated.
Cecil and Farmer were with the Georgia National Guard. Whitaker was with the Louisiana National Guard. All three had been deployed to the Rio Grande Valley as part of a border security mission.
Officers reported a strong smell of alcohol on Farmer’s breath, which resulted in the intoxication manslaughter charge.
The Hidalgo County District Attorney’s office is conducting a presentencing investigatgion following Farmer’s guilty plea. Sentencing is scheduled for March 16.