Guide to Texas Personal Injury Law in San Antonio

Introduction: Why Knowing Your Rights Is Crucial After an Accident in San Antonio

San Antonio consistently ranks among the top three Texas cities for traffic collisions, construction accidents, and premises-liability incidents. According to the most recent Texas Department of Transportation (TxDOT) statistics, Bexar County recorded more than 42,000 crashes in 2022—over 10% involving serious injury. Add to this the city’s booming tourist economy and rapid growth along I-35 and I-10, and the risk of slip-and-falls, workplace mishaps, and defective product injuries rises even higher.

Understanding Texas personal injury law San Antonio is therefore essential for anyone hurt because of another’s negligence. Whether you are dealing with a rear-end collision on Loop 410, a grocery-store trip hazard, or a catastrophic oil-field accident, the rules that govern liability, insurance negotiations, and civil lawsuits are statewide—yet local court procedures and resources can make or break a claim. This guide offers a claimant-focused roadmap from the moment of injury to potential trial, with an emphasis on empowering you to assert your rights, protect crucial evidence, and maximize compensation.

Topics covered include:

• Texas statutes of limitation and comparative fault rules

• Elements of common personal injury cases: auto, premises, workplace, defective products, and wrongful death

• Damage caps, insurance requirements, and recent Texas Supreme Court precedents

• Actionable steps after an accident—medical care, documentation, and dealing with adjusters

• When and how to hire a san antonio accident attorney at Louis Law Group

Legal Disclaimer: This guide is for informational purposes only and does not create an attorney-client relationship. Always consult a licensed personal injury lawyer Texas practitioners for personalized advice.

Understanding Texas Personal Injury Law

1. Statute of Limitations (Texas Civil Practice & Remedies Code §16.003)

The general deadline to file a personal injury lawsuit in Texas is two years from the date of the accident or discovery of the injury. Miss it, and the court will likely dismiss your case—even if liability is clear.

• Wrongful Death: Two years from the date of death.

• Claims Against Government Entities: A notice of claim must be provided within six months (some local governments shorten this to 90 days) under the Texas Tort Claims Act.

• Minors & Legal Disabilities: The clock may be tolled until the disability is removed.

2. Comparative Fault (Proportionate Responsibility §33.001)

Texas follows a 51% modified comparative fault system. You can still recover damages if you are 50% or less at fault, but your award is reduced by your percentage of responsibility. If you are 51% or more at fault, you recover nothing.

3. Negligence Elements

• Duty: Defendant owed you a legal duty (e.g., to drive safely, maintain premises).

• Breach: Defendant breached that duty.

• Causation: The breach caused your injuries (cause-in-fact and proximate cause).

• Damages: You suffered compensable losses—medical bills, lost wages, pain, etc.

Proving each element with credible evidence—medical records, eyewitness testimony, expert opinions—is vital for a successful Texas injury claim.

Common Types of Personal Injury Cases in Texas

1. Auto and Truck Accidents

San Antonio’s intersections at I-35 and U.S. 281 are notorious for high-speed collisions. To prevail, victims must show the defendant breached traffic or trucking regulations (e.g., hours-of-service rules for commercial drivers). Crash reports from SAPD or DPS, dash-cam footage, and black-box data often establish fault.

2. Slip-and-Fall/Premises Liability

Texas law requires property owners to remedy or warn of unreasonably dangerous conditions they knew or should have known about. Surveillance video and incident reports are critical. Under Brookshire Grocery Co. v. Goss, mere presence of a hazard is insufficient; you must prove actual or constructive notice.

3. Workplace and Construction Injuries

Unlike many states, Texas allows most private employers to opt out of workers’ compensation. If your employer is a “nonsubscriber,” you may file a negligence lawsuit without being limited to workers’ comp benefits. Even when workers’ comp applies, you may have third-party claims against equipment manufacturers or subcontractors.

4. Defective Products

Under Chapter 82 of the Texas Civil Practice & Remedies Code, strict liability may apply if a product was unreasonably dangerous in design, manufacturing, or warnings. Expert testimony and product-testing data often drive these cases.

5. Wrongful Death

Surviving spouses, children, and parents may recover damages for loss of companionship, mental anguish, and lost earning capacity. Punitive damages require proof of gross negligence or willful conduct.

Texas Legal Protections & Regulations

1. Damage Caps

• Medical Malpractice (Chapter 74): $250,000 per healthcare provider, $500,000 overall for non-economic damages.

• Punitive Damages (§41.008): The greater of (a) $200,000; or (b) two times economic damages plus an amount equal to non-economic damages up to $750,000.

2. Insurance Requirements

Texas drivers must carry at least 30/60/25 liability coverage. Commercial carriers must carry higher limits regulated by the Texas Department of Insurance.

3. Recent Court Decisions Shaping Injury Claims

Nabors Wells Servs. v. Romero (2015): Seat-belt non-use is admissible to reduce damages. C. & W. Waste Mgmt. v. Guidry (2020): Clarified scope of independent-contractor liability. J and D Towing v. Am. Alternative (2015): Recognized lost-profits damages for total-loss property claims.

4. Governmental Immunity Exceptions

The Texas Tort Claims Act waives immunity for certain motor-vehicle and premise defects, but caps damages at $250,000 per person and $500,000 per occurrence for municipalities like San Antonio.

Steps to Take After an Injury in San Antonio

Seek Immediate Medical Attention

• Call 911 or visit University Hospital’s Level I Trauma Center. Prompt care protects your health and documents causation.

Report the Incident

• Auto accidents: File crash report (CR-3) with SAPD if officers do not respond.
• Work injuries: Notify employer within 30 days.

Document Everything

• Photograph the scene, injuries, skid marks, or defective equipment.
• Collect witness names and contact information.
• Save damaged clothing or products.

Preserve Digital Evidence

• Download dash-cam footage, surveillance video, and event-data-recorder logs.
• Back up texts or social-media messages regarding the event.

Notify Insurance—but Limit Statements

• Provide basic facts only. Avoid recorded statements without counsel.
• Under Texas Insurance Code §542, insurers must acknowledge a claim within 15 days.

Track Expenses and Losses

• Create a file for medical bills, prescriptions, repair invoices, and missed-work logs.

Consult a Qualified Attorney

• Early legal involvement helps secure expert opinions and negotiate with insurers.

When to Seek Legal Help in Texas

While minor fender-benders with no injuries may settle without counsel, most cases benefit from a skilled advocate—especially when liability is disputed, injuries are serious, or multiple parties are involved. Texas insurers employ adjusters and defense lawyers focused on minimizing payouts; you deserve an equally experienced ally.

Louis Law Group offers free consultations and works on a contingency-fee basis—meaning you pay nothing unless we obtain compensation. Our team’s track record includes six- and seven-figure settlements for Bexar County clients in trucking, premises, and oil-field injury cases. We handle:

• Claim investigations and evidence preservation

• Communication with insurers under Texas Insurance Code guidelines

• Mediation, arbitration, or trial in Bexar County District Court

• Negotiation of hospital liens and subrogation claims

If you have questions about Texas injury claims, a san antonio accident attorney at Louis Law Group can analyze your case and outline next steps.

Local Resources & Next Steps

Key Agencies & Courts

Texas Judicial Branch – Statewide court rules and dockets.

• Bexar County District Clerk – 101 W. Nueva, Suite 217, San Antonio, TX 78205.

Texas Civil Practice & Remedies Code – Statutes governing negligence, damages, and limitations. Texas Department of Insurance – Complaint forms and insurer information.

• San Antonio Bar Association Lawyer Referral – (210) 227-1853.

Legal Aid

• Texas RioGrande Legal Aid – Free services for qualifying low-income residents.

• St. Mary’s University School of Law Civil Justice Clinic – Pro bono representation for select personal injury matters.

Take Action Today

The longer you wait, the harder it becomes to collect evidence and meet strict filing deadlines. Do not let insurance companies dictate the value of your claim.

Call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation today. Our attorneys stand ready to protect your rights and pursue the full compensation you deserve under Texas law.