Texas Personal Injury Law Guide – Protecting San Antonio Victims

Estimated reading time: 12 min read

Introduction: Why Every Injured San Antonian Needs to Understand Texas Personal Injury Law

San Antonio’s booming economy, rapid highway expansion, and vibrant tourism draw millions of drivers, pedestrians, and workers into Bexar County every year. Unfortunately, the city’s growth also correlates with a steady increase in serious accidents. According to recent Texas Department of Transportation crash statistics, Bexar County regularly ranks among the top five counties for traffic injuries and fatalities statewide. Add frequent workplace incidents on local oil-and-gas sites, construction zones along Loop 1604, and slip-and-fall hazards in popular River Walk establishments, and it becomes clear: understanding your Texas personal injury rights in San Antonio is crucial.

Personal injury law governs civil claims arising from another party’s negligence or intentional wrongdoing. If you or a loved one has suffered bodily harm, you may pursue compensation for medical expenses, lost income, pain and suffering, and more. This comprehensive guide—written with a slight bias toward protecting injured individuals—explains how Texas law applies to:

• Auto and truck collisions

• Motorcycle, bicycle, and pedestrian accidents

• Slip-and-fall or trip-and-fall (premises liability)

• Workplace injuries not fully covered by workers’ compensation

• Defective or dangerous products

• Catastrophic injuries and wrongful death

We will cover key statutes, deadlines, comparative fault rules, and step-by-step guidance tailored to San Antonio residents. If you require immediate help, contact Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury lawsuits must be filed within two years of the injury date. Missing this deadline generally bars recovery, so act promptly. Limited exceptions exist for minors, latent injuries, and fraudulent concealment, but courts apply them narrowly.

2. Negligence & Duty of Care

Texas follows traditional negligence principles—plaintiffs must prove the defendant owed a duty, breached that duty, and caused damages. For example, drivers have a duty to follow traffic laws; store owners must maintain reasonably safe premises.

3. Modified Comparative Fault – The 51% Bar

Texas uses a modified comparative negligence system (also called proportionate responsibility) codified in Tex. Civ. Prac. & Rem. Code § 33.001. If you are 51% or more at fault, you recover nothing. If you are 50% or less at fault, your damages are reduced by your percentage of fault. An insurance carrier will often try to inflate this percentage—another reason to consult a San Antonio accident attorney quickly.

4. Damage Categories

• Economic damages: Medical bills, lost wages, future care costs.

• Non-economic damages: Pain, suffering, mental anguish, loss of consortium.

• Exemplary (punitive) damages: Awarded only when the defendant acted with malice, fraud, or gross negligence. Texas caps exemplary damages to the greater of $200,000 or twice economic damages plus non-economic damages up to $750,000 (Tex. Civ. Prac. & Rem. Code § 41.008).

Common Types of Personal Injury Cases in Texas

1. Auto & Truck Accidents

Bexar County’s I-35 corridor and I-10 trucking routes pose daily dangers. To prove liability, injured motorists must show the other driver violated a duty—speeding, texting, driving under the influence, or disregarding traffic signals. Black-box data, crash reconstructions, and police reports from the San Antonio Police Department often serve as critical evidence.

2. Motorcycle, Bicycle & Pedestrian Crashes

Riders and walkers remain vulnerable to distracted drivers and poorly designed intersections. Texas Transportation Code § 551 recognizes bicyclists’ roadway rights, yet insurers frequently blame the rider. Helmet use is not legally required for riders over 21 with proper training, but lack of a helmet may reduce damages under comparative fault theories.

3. Premises Liability (Slip & Fall)

Property owners owe varying duties depending on whether the visitor is an invitee, licensee, or trespasser. In a typical “slip-and-fall” inside a San Antonio grocery store, you must prove the store (1) had actual or constructive knowledge of a hazardous condition and (2) failed to remedy or warn in a reasonable time.

4. Workplace Injuries & Non-Subscriber Claims

Unlike many states, Texas does not require most private employers to carry workers’ compensation insurance. Employers who opt out are known as “non-subscribers.” If a non-subscriber’s negligence injures you, you can file a negligence lawsuit without the normal workers’ comp limitations. Even where workers’ comp applies, third-party claims (defective equipment, subcontractor negligence) can supplement benefits.

5. Defective Product Claims

Texas product liability law imposes strict liability on manufacturers whose unreasonably dangerous products injure consumers. Plaintiffs must show a design defect, manufacturing defect, or inadequate warnings, plus a safer alternative design that was economically feasible at the time of manufacture (Tex. Civ. Prac. & Rem. Code § 82.005).

6. Wrongful Death & Survival Actions

When negligence claims a life, surviving spouses, children, and parents may file a wrongful death action within two years of death. A related survival action allows the estate to recover damages the decedent could have pursued. Texas caps non-economic damages in medical malpractice wrongful death cases to $500,000 adjusted for inflation, but no cap exists for general negligence.

Texas Legal Protections & Recent Court Rulings

1. Damage Caps in Health Care Liability Claims

The 2003 Texas Medical Liability Act limits non-economic damages against physicians to $250,000 and against a single hospital to $250,000 (aggregate $500,000). Economic damages remain uncapped.

2. Texas Supreme Court on Gross Negligence

In Bostic v. Georgia-Pacific Corp., 439 S.W.3d 332 (Tex. 2014), the court clarified causation standards in toxic-tort cases, ruling plaintiffs must show the defendant’s product was a substantial factor but for which the injury would not have occurred.

3. Premises Liability Update

In Henkel Corp. v. Hernandez, 605 S.W.3d 644 (Tex. 2020), the Texas Supreme Court held that property owners owe no duty to warn of hazards that are “open and obvious.” Injured invitees must prove hidden danger or negligent activity to overcome this defense.

4. Trucking Regulations

Texas adopted the Federal Motor Carrier Safety Regulations (FMCSR) in Tex. Transp. Code § 644.053. Violations—such as hours-of-service limits—create strong evidence of negligence.

Five Critical Steps to Take After an Injury in San Antonio

Step 1. Obtain Immediate Medical Attention

Visit an emergency room such as University Hospital or Baptist Medical Center, or see your primary physician within 24 hours. Delayed treatment not only jeopardizes health but gives insurers grounds to claim your injuries are unrelated.

Step 2. Report & Document the Incident

File a police report with SAPD for vehicle collisions, or an incident report with a store manager for premises accidents. Photograph the scene, defects, lighting conditions, vehicles, and visible injuries. Collect witness names and phone numbers.

Step 3. Preserve Physical & Digital Evidence

• Keep damaged clothing, products, or parts.

• Download dash-cam footage and back it up.

• Save medical bills, prescriptions, and receipts in a dedicated folder.

• Maintain a journal logging pain levels, mobility challenges, and missed activities.

Step 4. Notify the At-Fault Party or Insurer—But Speak Carefully

Texas is an at-fault state, meaning the negligent party’s insurance pays. You must notify carriers promptly, but provide only basic facts until you have legal counsel. Recorded statements can be used to minimize your payout.

Step 5. Consult a Qualified Texas Personal Injury Lawyer

Early legal involvement preserves evidence, engages accident reconstruction experts, and prevents critical missteps. For a free review, call Louis Law Group at 833-657-4812.

When Should You Hire a Personal Injury Attorney in Texas?

While small property-damage claims can often be handled pro se, you should consult counsel immediately if:

• Your injuries required hospitalization, surgery, or extended therapy.

• The insurer disputes liability or blames you under the 51% rule.

• Multiple parties (e.g., trucking company, parts manufacturer) may share fault.

• Liability policies appear insufficient to cover medical costs.

• The at-fault employer is a non-subscriber.

• A governmental unit (e.g., VIA Metropolitan Transit, City of San Antonio) is involved—these require Texas Tort Claims Act notice within 6 months.

Louis Law Group leverages aggressive negotiation and trial experience to maximize compensation. Our attorneys are licensed by the State Bar of Texas, familiar with Bexar County juries, and unafraid to litigate in the 73rd, 131st, or 407th District Courts.

Local Resources & Next Steps for San Antonio Injury Victims

Texas Department of Insurance – complaint forms, policy lookup, and consumer guides. Bexar County District Courts – docket access and filing information. State Bar of Texas Lawyer Referral Service – alternative attorney options if finances are tight.

• Community legal aid: Texas RioGrande Legal Aid (for income-qualified residents).

Next Steps:

• Schedule follow-up medical visits; comply with treatment.

• Organize evidence and correspondence.

• Call 833-657-4812 or fill out the secure form on our site to arrange a free, no-obligation consultation with Louis Law Group.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is unique; consult a qualified attorney licensed in Texas to obtain advice about your specific situation.

Ready to Protect Your Rights?

If you or someone you love has been hurt in or around San Antonio, do not let insurance companies dictate your future. Louis Law Group stands ready to fight for full and fair compensation. Call 833-657-4812 today for a free case evaluation.