Personal Injury Guide for Victims in San Antonio, Texas

Introduction: Why San Antonio Residents Need a Texas-Specific Injury Guide

San Antonio, Texas is the seventh-largest city in the United States and a major crossroads for Interstate 35, Loop 410, and U.S. Highway 90. The Alamo City’s booming tourism industry, construction growth along the IH-35 corridor, and busy military installations such as Joint Base San Antonio all contribute to a higher volume of traffic, workplace, and premises-liability incidents. If you were hurt in Bexar County, you are protected by a network of Texas statutes, court procedures, and victim-oriented public policies. This guide explains how Texas personal injury law applies to San Antonio accidents, what deadlines you must meet, and how to maximize your chance of fair compensation—while slightly favoring the injured claimant, consistent with Texas rules of professional conduct.

Understanding Your Personal Injury Rights in Texas

Statutory Foundation

The primary legal framework for personal injury claims is found in the Texas Civil Practice and Remedies Code (TCPRC). Two of the most critical provisions are:

• TCPRC §16.003(a) – Sets a two-year statute of limitations for most negligence actions, including car crashes and slip-and-falls.

• TCPRC Chapter 33 – Texas’s proportionate responsibility statute, codifying modified comparative fault. A plaintiff who is not more than 50 percent responsible may recover damages reduced by the plaintiff’s percentage of fault.

Victims also benefit from Texas’s broad definition of “actual damages,” which includes both economic losses (medical bills, lost wages) and noneconomic losses (pain and suffering, mental anguish). Punitive or exemplary damages are available under TCPRC §41.003 when the defendant’s conduct is proven by clear and convincing evidence to be fraudulent, malicious, or grossly negligent.

Constitutional & Procedural Rights

Article I, §15 of the Texas Constitution guarantees the right to trial by jury, while the Texas Rules of Civil Procedure provide discovery tools—depositions, interrogatories, subpoenas—that help injury victims obtain evidence insurers may otherwise withhold. San Antonio claimants file most civil actions in the 57th, 73rd, 131st, 150th, 166th, 224th, 225th, 285th or 407th District Courts of Bexar County, each of which follows the Bexar County Local Rules for docket control and mediation.

Common Types of Personal Injury Cases in San Antonio

Motor-Vehicle Collisions on I-35, Loop 410, and U.S. 281

Data from the Texas Department of Transportation show that Bexar County consistently ranks among the top five counties for total crashes. Contributing factors include:

• Congested tourist corridors around the River Walk and AT&T Center.

• Heavy commercial truck traffic hauling oil-field equipment from the Eagle Ford Shale region.

• Military convoys near Lackland AFB and Fort Sam Houston.

Premises Liability & Slip-and-Fall Incidents

Under TCPRC §75.002, property owners owe varying duties of care to licensees, invitees, and trespassers. San Antonio’s large network of hotels, theme parks (SeaWorld San Antonio, Six Flags Fiesta Texas), and retail centers (The Rim, North Star Mall) generates frequent premises-liability claims.

Construction & Oil-Field Injuries

Rapid expansion along the IH-10 and IH-35 corridors has increased construction site accidents. Many victims are non-subscriber workers—employees whose companies have opted out of the Texas Workers’ Compensation system. These employees can sue the employer directly under common-law negligence.

Dog Bites & Animal Attacks

Texas follows the “one-bite” rule, but Bexar County ordinances impose leash and vaccination requirements. A landlord in San Antonio may be liable for harboring a known dangerous dog on rental property if the plaintiff proves actual knowledge of the danger.

Weather-Related Negligence

Flash floods along the San Antonio River often create roadway hazards. Governmental units may be liable under the Texas Tort Claims Act (TCPRC Chapter 101) for negligent maintenance of roads, provided notice requirements under §101.101 are met within six months.

Texas Legal Protections & Injury Laws

Statute of Limitations: Two-Year Deadline

As noted, TCPRC §16.003(a) requires filing suit within two years of the date the cause of action accrues. Limited tolling is available for minors and persons of legal disability under §16.001 but do not assume the court will extend your time; missing the deadline almost always bars recovery.

Comparative Fault and Proportionate Responsibility

Texas’s modified comparative fault (51 percent bar rule) means a jury will assign percentages of responsibility to each party. If you are injured in a rear-end crash on Loop 410 and the jury finds you 30 percent at fault for sudden braking, your $100,000 verdict will be reduced to $70,000.

Damage Caps

• Medical Malpractice: Non-economic damages cap at $250,000 per health-care provider and $500,000 overall per claimant under TCPRC §74.301.

• Governmental Units: Total damages caps under TCPRC §101.023 are $250,000 per person/$500,000 per occurrence for bodily injury and $100,000 for property damage.

Pre-Suit Notice & Certificates of Merit

Certain cases require advance notice or expert reports:

• Medical malpractice: 60-day notice and Chapter 74 expert report served within 120 days of filing.

• Claims against the City of San Antonio: written notice within ninety days of the incident under City Charter §5.

Insurance Requirements

Texas mandates 30/60/25 automobile liability minimums. Yet many serious injuries exceed these limits. Uninsured/underinsured motorist (UM/UIM) coverage, governed by the Texas Department of Insurance rules in 28 TAC §5.145, can be a lifeline for hit-and-run victims.

Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Care

Whether you visit University Hospital’s Level I Trauma Center or Christus Santa Rosa Medical Center, timely treatment documents causation and helps defeat common insurance defenses that “you weren’t really hurt.”

2. Preserve Evidence

• Photograph the crash scene, dangerous condition, or defective equipment.

• Collect witness names and phone numbers.

• Request body-cam or dash-cam footage from the San Antonio Police Department via Texas Public Information Act requests.

3. Notify All Potential Defendants and Insurers

Send insured letters via certified mail per Texas Insurance Code §542A if the claim involves storm-damage liability or property defects. Early notice triggers statutory duties of good-faith handling.

4. Calculate Damages Correctly

Texas allows recovery for past and future medical expenses, lost earning capacity, household services, disfigurement, and mental anguish. Experts—life-care planners, vocational economists—often testify under Texas Rule of Evidence 702 to project future losses.

5. Beware Recorded Statements

Insurers may request a recorded statement. You have no legal duty (outside your own UM/UIM policy) to give one to the adverse carrier, and doing so can harm your claim.

6. Comply with Treatment

Failure to follow medical advice allows a defense for failure to mitigate damages under Texas law, potentially reducing your award.

7. File Suit Before the Two-Year Deadline

In Bexar County, e-file pleadings through the statewide eFileTexas portal. A personal injury lawsuit begins with an Original Petition outlining jurisdiction, facts, causes of action, and a prayer for relief exceeding $250,000 to invoke District Court jurisdiction.

When to Seek Legal Help in Texas

Indicators You Need a San Antonio Accident Attorney

• Liability is disputed, and the insurance carrier raises comparative fault.

• Medical bills exceed minimum auto limits or involve future surgeries.

• Multiple defendants—e.g., rideshare companies, negligent road contractors—create complex apportionment issues.

• You are a non-subscriber employee or an independent contractor lacking workers’ comp coverage.

• The defendant is a governmental entity requiring notice or damage caps navigation.

Attorney Licensing & Fees

Texas attorneys must be licensed by the State Bar of Texas and comply with the Texas Disciplinary Rules of Professional Conduct. Most personal injury lawyers work on contingency fees capped by written agreement under Texas Rule of Professional Conduct 1.04. Attorneys must advance litigation costs but may recoup them from the settlement or verdict.

Client Bill of Rights

The State Bar’s Client-Attorney Agreement & Bill of Rights entitles you to receive copies of documents, be kept informed, and make final settlement decisions. If your lawyer violates these rights, you may file a grievance with the Office of the Chief Disciplinary Counsel.

Local Resources & Next Steps

Emergency & Medical Facilities

• University Hospital (Level I Trauma) – 4502 Medical Dr., San Antonio, TX.

• Brooke Army Medical Center (Burn Center) – 3551 Roger Brooke Dr., Fort Sam Houston, TX.

• Methodist Hospital – 7700 Floyd Curl Dr., San Antonio, TX.

Government Offices

• Bexar County District Clerk – 101 W. Nueva, San Antonio.

• San Antonio Municipal Court Records – 401 S. Frio St.

• City of San Antonio Risk Management – For Tort Claims Notice.

Self-Help & Pro Bono Options

TexasLawHelp.org – Free legal guides approved by the Texas Access to Justice Commission.

• St. Mary’s University School of Law – Pro Bono Civil Justice Clinic for qualified low-income residents.

Checklist for Moving Forward

• Document every expense and wage loss; keep receipts.

• Continue medical treatment until maximum medical improvement (MMI).

• Consult a personal injury lawyer San Antonio Texas as early as possible.

• Do not sign insurance releases without legal review.

• Calendar the two-year statute of limitations plus 60-day “safe harbor” for filing before weekends/holidays.

Legal Disclaimer

This guide provides general information only and does not constitute legal advice. Laws change, and every case is different. You should consult a licensed Texas attorney to obtain advice about your particular situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.