San Antonio Guide to Texas Personal Injury Law

13 min read

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

If you have been hurt in a crash on I-10, slipped in a North Star Mall store, or suffered any unexpected injury in San Antonio, Texas, you are not alone. Bexar County reports tens of thousands of accident-related emergency visits each year, and many victims face steep medical bills, lost income, and insurance headaches. Understanding Texas personal injury law is essential to protect your health, your finances, and your family’s future. This guide—written with injured residents in mind—covers the fundamentals of filing a claim for:

• Auto accidents (car, truck, rideshare, motorcycle)

• Slip-and-fall and other premises liability incidents

• Workplace injuries and nonsubscriber claims

• Defective products, including vehicle parts and consumer goods

• Wrongful death cases on behalf of grieving families

Below you will find Texas-specific statutes, court procedures, and practical steps for asserting your rights. While the information is current as of publication, laws change and every case is unique. This guide is for educational purposes only and does not create an attorney-client relationship. For personalized advice, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury and wrongful death actions must be filed within two years of the date the injury occurred (or the date of death). Missing this deadline usually bars recovery. Limited exceptions apply for minors, mentally incapacitated individuals, and latent injuries, but you should never rely on exceptions without legal counsel.

2. Negligence and the Duty of Care

To prevail, an injured person (the plaintiff) must prove four elements by a preponderance of the evidence:

• Duty – The defendant owed a legal obligation (e.g., drivers must follow traffic laws, property owners must repair hazards).

• Breach – The defendant violated that duty through action or omission.

• Causation – The breach caused the plaintiff’s injury (both cause-in-fact and proximate cause).

• Damages – The plaintiff suffered actual losses (medical bills, pain, lost wages, etc.).

3. Modified Comparative Fault (Proportionate Responsibility)

Texas follows a 51% bar rule (Tex. Civ. Prac. & Rem. Code § 33.001). You can recover damages even if you were partially at fault unless you are more than 50% responsible. Your award is reduced by your percentage of fault. Insurers may overstate your share of blame, so quick, careful evidence preservation is critical.

4. Damage Categories

• Economic damages: medical expenses, rehabilitation, lost earnings, property damage.

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

• Exemplary (punitive) damages: awarded only if you prove fraud, malice, or gross negligence by clear and convincing evidence (Tex. Civ. Prac. & Rem. Code § 41.003).

Common Types of Personal Injury Cases in Texas

Auto & Truck Collisions

San Antonio’s rapid growth and busy corridors—Loop 410, US-281, I-35—create high accident rates. To succeed in a vehicle claim you must establish the other driver violated a duty (speeding, texting, drunk driving, improper lane change). In commercial truck crashes, federal regulations (FMCSA hours-of-service, maintenance logs) often come into play.

Slip-and-Fall/Premises Liability

Texas law distinguishes invitees (customers), licensees (social guests), and trespassers. A property owner owes invitees a duty to inspect and remedy known or discoverable dangers. You must show the owner knew or should have known about the hazard and failed to act.

Workplace Injuries

Many Texas employers opt out of the state’s workers’ compensation system. If your employer is a “nonsubscriber,” you may file a negligence action directly, and the employer loses certain common-law defenses (e.g., co-employee negligence). If workers’ comp applies, you may still pursue third-party claims against equipment manufacturers or negligent drivers.

Defective Products

Texas recognizes strict liability for manufacturing defects, design defects, and inadequate warnings. Recent cases, such as Gharda USA, Inc. v. Control Solutions, Inc., illustrate the importance of expert testimony in proving a safer alternative design.

Wrongful Death

Spouses, children, and parents may seek damages for mental anguish, loss of companionship, and economic support. If they do not file within three months, the estate’s personal representative may act. Survival actions allow recovery for the decedent’s conscious pain and medical expenses.

Key Texas Statutes, Regulations, and Court Decisions Affecting Injury Claims

• Damage Caps in Medical Malpractice: Non-economic damages are capped at $250,000 per physician and $250,000 per facility (max $500,000 total) under Tex. Civ. Prac. & Rem. Code § 74.301.

• Dram Shop Liability: Establishments may be liable for serving obviously intoxicated patrons who later cause injuries (Tex. Alco. Bev. Code § 2.02).

• Recent Supreme Court Decision: In J&D Towing, LLC v. American Alternative Insurance Corporation, the Texas Supreme Court recognized loss-of-use damages for totally destroyed personal property, expanding recovery categories for vehicle owners.

• Seat Belt Defense: Evidence of seat-belt non-use is admissible to reduce damages (Tex. Transp. Code § 545.413(g)).

Being aware of these statutes helps you anticipate insurer defenses and plan litigation strategy.

Steps to Take Immediately After an Injury in San Antonio

1. Seek Medical Attention

Even minor symptoms can hide serious injuries. Visit an emergency department or your physician right away. Medical records create crucial evidence and link your condition to the incident.

2. Report and Document the Incident

• For traffic crashes, call SAPD or Bexar County Sheriff and request a CR-3 accident report.

• For slips or workplace injuries, notify a manager in writing and request a copy of any incident report.

• Take photos/videos of hazards, vehicles, weather, and visible injuries.

• Collect witness names and phone numbers.

3. Preserve Evidence

Do not repair your vehicle or dispose of defective products until an attorney inspects them. Save damaged clothing, receipts, and correspondence from insurance adjusters.

4. Notify the Appropriate Insurers

Texas is an at-fault state, but Texas Department of Insurance rules require prompt notice to your carrier. Provide basic facts only; avoid recorded statements until you consult counsel.

5. Track Expenses and Symptoms

Maintain a diary of pain levels, missed workdays, and daily limitations. Keep copies of bills, mileage to appointments, and repair estimates.

When to Seek Legal Help—and How Louis Law Group Can Assist

While Texas law allows you to negotiate directly with insurers, several red flags should prompt immediate legal representation:

• Multiple parties or commercial defendants (18-wheelers, rideshare companies).

• Severe or permanent injuries (fractures, spinal cord damage, traumatic brain injury).

• Disputed liability or comparative fault allegations.

• Lowball settlement offers or delays in payment.

Louis Law Group has decades of combined experience fighting for injured Texans. Our San Antonio-based team:

• Conducts independent investigations and accident reconstruction.

• Negotiates with insurers using evidence, medical opinions, and case law to pursue full compensation.

• Files lawsuits and takes cases to trial when defendants refuse fair settlements.

• Works on a contingency-fee basis—no fees unless we obtain a recovery.

Time is critical. Evidence fades, witnesses relocate, and statutes of limitation run. If you have concerns, call 833-657-4812 now for a free, no-obligation consultation.

Local Resources & Next Steps for San Antonio Residents

Court System

Bexar County District Courts (civil jurisdiction over $250,000).

• Bexar County Court-at-Law for mid-sized claims.

• Justice of the Peace courts for claims up to $20,000.

Consumer & Insurance Help

Texas Department of Insurance – file complaints, verify adjuster licenses. San Antonio Bar Association – lawyer referral service and free clinics.

Safety and Accident Trends

TxDOT statistics show San Antonio ranks among the top Texas metros for intersection crashes. Pedestrian fatalities on Culebra Road and UTSA Boulevard have risen, prompting citywide Vision Zero initiatives. Staying alert and knowing your legal rights remain your best defenses.

Next Steps Checklist

• Receive all recommended medical care.

• Gather police reports, incident reports, photos, and witness statements.

• Track out-of-pocket costs.

• Consult a qualified san antonio accident attorney before signing releases.

Take Action Today: If you or a loved one has been injured in San Antonio, call Louis Law Group at 833-657-4812 for a free case evaluation. Protect your rights, hold negligent parties accountable, and focus on healing while we handle the legal battle.

Disclaimer: This material is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. You should consult a licensed Texas personal injury lawyer regarding your specific situation.