San Antonio Guide to Texas Personal Injury Law & Your Rights

Estimated reading time: 12 min read

Introduction: Why Every Injured Person in San Antonio Needs to Know Texas Personal Injury Law

San Antonio’s dynamic growth—sprawling highways, busy construction sites, and bustling tourist attractions—means accidents happen every day. Whether you were hit on Loop 1604, slipped in a River Walk restaurant, or suffered a workplace injury at Port San Antonio, understanding Texas personal injury law is crucial to protecting your health and your financial future. This guide explains the core rules that govern accident cases in Texas, from car collisions and trucking crashes to defective products and wrongful death claims. Armed with these facts, you can better decide when to negotiate with an insurance company and when to hire a San Antonio accident attorney to fight for full compensation.

Common claims in San Antonio:

• Auto and truck accidents on I-10, I-35, and U.S. 281

• Slip-and-fall incidents in shopping centers like The Rim or North Star Mall

• Workplace injuries at oilfield service yards, distribution centers, and construction sites

• Defective products, including faulty vehicle parts and unsafe consumer goods

• Wrongful death cases following fatal crashes or negligence-related tragedies

This guide favors injured individuals and provides practical, step-by-step advice—backed by statutes, court precedents, and local resources—so you can move forward confidently after an accident.

Understanding Texas Personal Injury Law

1. Statute of Limitations: Two Years—Do Not Miss It

Under Texas Civil Practice and Remedies Code § 16.003, most personal injury claims must be filed within two years of the date the injury occurred. Missing this deadline almost always bars your claim, no matter how strong the facts. Limited exceptions apply for minors, certain toxic exposure cases, and when an injury is not discovered right away (the “discovery rule”).

2. Negligence and Comparative Fault

To recover damages, you must show:

• Duty—the defendant owed you a duty of reasonable care (e.g., drivers must follow traffic laws).

• Breach—the defendant violated that duty.

• Causation—the breach directly caused your injuries.

• Damages—you suffered measurable losses (medical bills, lost wages, pain, etc.).

Texas follows a modified comparative fault system (proportionate responsibility) under § 33.001. If you are 50% or more at fault, you recover nothing. If you are less than 50% responsible, your damages are reduced by your percentage of fault. Insurers often exploit this rule to minimize payouts, so meticulous evidence gathering is vital.

3. Damages Available

• Economic: medical expenses, rehabilitation, lost wages, property damage.

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

• Exemplary (punitive) damages: awarded only when the defendant’s conduct shows malice or gross negligence, subject to caps in § 41.008.

Unlike some states, Texas places no cap on non-economic damages in ordinary negligence cases (caps do apply to medical malpractice and certain governmental torts).

Common Types of Personal Injury Cases in Texas

Auto and Trucking Accidents

San Antonio’s location at the crossroads of major interstates leads to high collision rates. Large truck accidents often involve federal regulations (FMCSA hours-of-service, maintenance logs) and can raise corporate insurance policies worth millions. To prove liability, you must document crash reports, witness statements, dash-cam footage, and, when trucks are involved, qualcomm or black-box data.

Slip-and-Fall (Premises Liability)

Businesses owe invitees a duty to remedy or warn of unreasonably dangerous conditions they knew or should have known about. Texas courts require proof that the hazard was present long enough for the owner to act or that the owner created the hazard (Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 [Tex. 2002]). Preserve surveillance footage fast; most retailers record over tapes within days.

Workplace Injuries

Texas is unique: employers may elect not to subscribe to workers’ compensation. If your employer is a non-subscriber, you can sue directly and the employer cannot raise comparative fault unless your negligence was the sole cause. Even with subscribers, third-party claims (e.g., against equipment manufacturers) may boost your recovery.

Defective Products

A strict-liability system applies: you need not prove negligence, only that the product was unreasonably dangerous when it left the manufacturer, you used it as intended, and it caused your injuries. Expert testimony is often necessary.

Wrongful Death

Brought under Texas Civil Practice and Remedies Code §§ 71.002-.004, spouses, children, and parents can sue within two years of the death. Punitive damages may be available for gross negligence or willful misconduct.

Texas Legal Protections & Recent Court Rulings

Key Statutes and Caps

• Medical Malpractice: Non-economic damages capped at $250,000 per physician and $500,000 overall per institution (§ 74.301).

• Governmental Immunity: Claims against state or municipal entities fall under the Texas Tort Claims Act, with damages capped at $250,000 per person and $500,000 per occurrence.

• Seat-Belt Defense: Defendants can introduce evidence of non-use of seat belts to reduce damages (Nabors Wells Services, Ltd. v. Romero, 456 S.W.3d 553 [Tex. 2015]).

Recent Court Decisions Impacting Claimants

JBS Carriers, Inc. v. Washington (2021): Clarified vicarious liability for trucking companies and underscored the necessity of timely discovery requests for driver logs. In re ExxonMobil Corp. (2022): Reiterated that corporate defendants can be compelled to produce extensive safety policies when gross negligence is alleged. Hidalgo County Water Improvement Dist. v. Arredondo (2023): Emphasized strict adherence to pre-suit notice requirements in governmental liability cases.

Understanding these rulings helps you and your attorney anticipate defense strategies and strengthen your evidence.

Step-by-Step Actions After an Injury

1. Seek Immediate Medical Attention

Even if you feel fine, adrenaline can mask serious injuries. Prompt treatment also establishes a medical record linking the accident to your condition. Delays invite insurers to argue that something else caused your pain.

2. Report and Document the Incident

• Motor Vehicle Crash: Call 911. Under Texas Transportation Code § 550.062, accidents causing injury or $1,000+ property damage require a police report (CR-3).

• Slip-and-Fall: Notify management and request a written incident report.

• Workplace Injury: File DWC Form-041 with the Texas Department of Insurance, Division of Workers’ Compensation, within 30 days.

3. Preserve Evidence

• Photograph vehicles, hazards, and visible injuries.

• Collect witness names and contact information.

• Save all medical bills, receipts, and correspondence.

• For defective products, store the product in its current state—do not alter or discard it.

4. Notify Insurers—but Choose Your Words Carefully

You generally must notify your insurer “promptly” per policy language. Provide basic facts only. Recorded statements to the at-fault insurer are not legally required and may be used against you.

5. Track Your Losses

Maintain a diary detailing pain levels, missed workdays, and limitations in daily activities. These notes can substantiate non-economic damages at trial or during settlement talks.

When to Seek Legal Help in Texas

While minor fender-benders with only property damage might be resolved without counsel, most injury victims benefit greatly from an attorney when:

• Liability is disputed or multiple parties are involved.

• You suffered serious injuries—fractures, surgery, or long-term impairment.

• The insurance adjuster pressures you to accept a quick, low settlement.

• A governmental entity or non-subscriber employer is involved.

• The statute of limitations is approaching.

Why Louis Law Group? Our attorneys focus exclusively on representing injured Texans statewide. We conduct on-scene investigations, leverage medical experts, and negotiate assertively with insurers. No fee unless we win—period.

Local Resources & Next Steps

Texas Department of Insurance (TDI) — file complaints, verify carrier information, and view workers’ compensation guidelines. Texas Civil Practice and Remedies Code — browse statutes on limitations, damages, and liability. Texas Judicial Branch — find Bexar County District Court addresses, filing fees, and docket information. San Antonio Bar Association — lawyer referral and community legal clinics.

Ready to protect your rights? If you or a loved one suffered an injury in San Antonio, don’t navigate the complex Texas legal system alone. Call Louis Law Group today at 833-657-4812 for a free case evaluation. We’ll explain your options, deal with the insurance companies, and fight for the maximum compensation you deserve.

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Louis Law Group is licensed to practice in Texas. Consult an attorney about your specific case. Attorney advertisement.