Texas Personal Injury Law San Antonio Guide & Rights

11 min read

Introduction: Why Understanding Texas Personal Injury Law Matters in San Antonio

Every week, emergency rooms across San Antonio treat hundreds of accident victims—from I-10 traffic collisions to slip-and-fall injuries at popular River Walk establishments. Many of those injured Texans are unsure of their rights, what compensation they can pursue, or how quickly the clock begins ticking on their claim. This comprehensive guide demystifies Texas personal injury law San Antonio residents rely on, explaining key deadlines, fault rules, and practical steps for maximizing recovery. Whether you were rear-ended on Loop 410, hurt at a construction site near Fort Sam Houston, or lost a loved one because of a defective product, knowing the legal landscape can make the difference between a fair settlement and no recovery at all.

Common claim types we’ll cover include:

• Auto, truck, motorcycle, and rideshare accidents

• Slip-and-fall or premises liability incidents

• Workplace and construction site injuries

• Defective or dangerous product claims

• Wrongful death actions

Throughout this guide, we cite authoritative resources such as the Texas Department of Insurance, the Texas Civil Practice & Remedies Code, and the Texas Judicial Branch. Our goal is to empower injured individuals while providing practical, step-by-step guidance. If you have questions after reading, contact Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

Statute of Limitations: Two-Year Clock Is Ticking

Texas imposes a general two-year statute of limitations on personal injury actions (Tex. Civ. Prac. & Rem. Code §16.003). That means you typically have two years from the date of injury to file suit. Limited exceptions—such as injuries to minors or certain asbestos-related diseases—can extend or toll the period, but relying on an exception is risky. Miss the deadline and courts will likely bar your claim entirely.

Modified Comparative Fault: The 51% Rule

Texas follows a modified comparative negligence standard (Tex. Civ. Prac. & Rem. Code §33.001). If you are 51% or more at fault, you recover nothing. If you are 50% or less responsible, your damages are reduced proportionally. Example: A jury awards $100,000 but finds you 20% at fault for looking at your phone before a car crash. You collect $80,000. Understanding this calculus is critical when dealing with insurers who may exaggerate your share of blame.

Key Elements of Negligence in Texas

• Duty: Defendant owed you a legal duty—e.g., motorists must drive reasonably.

• Breach: Defendant failed to meet that duty.

• Causation: The breach caused your injury (both factual and proximate cause).

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

Proving each element with evidence—medical records, eyewitness testimony, accident reconstruction—is vital to any Texas injury claim.

Common Types of Personal Injury Cases in Texas

1. Motor Vehicle Accidents

San Antonio consistently ranks among Texas cities with high crash rates, especially along IH-35 and US-281 corridors. Establishing liability often involves police reports, traffic camera footage, and black-box data from newer vehicles. Texas Transportation Code §504.1531 also requires certain commercial carriers to carry heightened insurance, creating deeper pockets if a company truck caused the collision.

2. Premises Liability (Slip-and-Fall)

Under Tex. Civ. Prac. & Rem. Code §75.002, property owners owe invitees (paying customers or guests) a duty to remedy or warn of unreasonably dangerous conditions they knew or should have known about. In a Rivercenter Mall slip, for example, you must show the owner had actual or constructive notice of the spill long enough to fix it.

3. Workplace & Construction Injuries

Texas is unique—employers may opt out of workers’ compensation. If your employer is a nonsubscriber, you can sue directly in negligence, and the employer cannot assert your comparative fault unless it reaches 100% (Tex. Lab. Code §409.011). Even when workers’ comp applies, you might pursue third-party claims against negligent equipment manufacturers or subcontractors.

4. Defective Products

Texas applies strict liability to defective product cases under Restatement (Second) of Torts §402A, adopted in McKisson v. Sales Affiliates, Inc., 416 S.W.2d 787 (Tex. 1967). You must prove the product was unreasonably dangerous when it left the manufacturer and reached you without substantial change.

5. Wrongful Death

The Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code §71.002) allows surviving spouses, children, and parents to recover damages for their loved one’s death caused by another’s negligence or defect. A wrongful death action must be filed within two years of death, though tolling may apply if the defendant fraudulently conceals liability.

Texas Legal Protections & Regulations

Damage Caps

• Medical Malpractice: Non-economic damages capped at $250,000 per provider and $500,000 overall for all providers (Tex. Civ. Prac. & Rem. Code §74.301).

• Governmental Liability: Damages against municipalities like the City of San Antonio are limited to $250,000 per person and $500,000 per occurrence under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code §75.001-.003).

Recent Court Rulings Impacting Injury Claims

J&J Roofing v. Sanchez, 648 S.W.3d 289 (Tex. 2022) clarified that a nonsubscribing employer cannot offset damages with the employee’s negligence unless it reaches 100%. Meanwhile, Punch v. Atlas Roofing, 603 S.W.3d 62 (Tex. 2020) reaffirmed that Chapter 95 protections for property owners in construction accidents apply only when the claim arises from the condition or use of an improvement to real property.

Insurance Regulation & Bad-Faith Protections

The Texas Department of Insurance oversees carrier conduct. If an insurer denies or delays payment unreasonably, you may have a statutory bad-faith claim under Tex. Ins. Code §541.060, potentially entitling you to treble damages.

Steps to Take After an Injury in San Antonio

Seek Immediate Medical Attention Even if pain seems minor, delayed symptoms (e.g., whiplash, concussion) are common. Medical records created within 24 hours strengthen causal links. Document Everything Photograph the accident scene, injuries, property damage, weather conditions, and any hazard (e.g., wet floor, broken handrail). Screenshot rideshare trip data if applicable. Collect Witness Information Names, phone numbers, and statements from bystanders can corroborate your version of events. Preserve Physical Evidence Keep torn clothing, defective products, or vehicle parts. Secure dash-cam footage before it auto-deletes. Notify Responsible Parties and Their Insurers Texas insurers must acknowledge your notice within 15 business days (Tex. Ins. Code §542.055). Provide only basic facts until you consult counsel. Track Expenses and Losses Save medical bills, mileage logs, prescription receipts, and a journal of pain levels and missed activities. Avoid Social Media Pitfalls Defense counsel scour Facebook and Instagram for posts contradicting your injuries. Set accounts to private and pause posting about your lifestyle. Consult a San Antonio Accident Attorney Early The sooner counsel is involved, the faster critical evidence (security video, 911 tapes) is preserved by spoliation letters.

When to Seek Legal Help in Texas

While Texas law permits self-representation, complex rules and aggressive insurance tactics make professional guidance invaluable—especially if:

• You sustained serious injuries requiring surgery, hospitalization, or long-term rehab.

• Fault is disputed or multiple parties are involved (e.g., pile-up on I-35).

• A government entity or large corporation is a defendant.

• You suspect insurance bad faith or lowball offers.

• The statute of limitations is approaching.

Louis Law Group has decades of experience representing injured Texans. Our attorneys are licensed by the State Bar of Texas and litigate regularly in Bexar County District Courts. We front all case costs, work on contingency fees, and never charge unless we win. Call 833-657-4812 to schedule a free consultation today.

Local Resources & Next Steps

Bexar County Civil District Courts — File lawsuits and access dockets. City of San Antonio 311 — Report hazardous conditions on public property. San Antonio Legal Services Association — Low-income legal aid.

• Texas Lawyer Referral & Information Service (TLRIS) — 1-800-252-9690.

Next Step: Protect your rights and potential compensation by acting decisively. Evidence fades, witnesses relocate, and insurer deadlines arrive quickly. If you’ve been injured anywhere in Texas, call 833-657-4812 for a free case evaluation 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. Laws change and vary by circumstance, so consult a qualified attorney regarding your specific situation.