Texas personal injury laws that apply to a San Antonio claim

This page collects the Texas statutes, and a few federal rules, that come up most often in the injury claims we handle in San Antonio. Each one is summarized from the current text on the Texas Legislature’s statutes site or the federal eCFR, as read in October 2026, with its section number so you can read it yourself. The overview of how these laws work together in a claim is on our personal injury lawyer San Antonio page. This page is written by LAWBOSS – Uvalle Law Firm, PLLC.

Deadlines

Claim	Deadline	Law
Personal injury lawsuit	Two years after the day the cause of action accrues	Civil Practice and Remedies Code 16.003(a)
Suit for an injury resulting in death	Two years, accruing on the death	Civil Practice and Remedies Code 16.003(b)
Injured person under 18 or of unsound mind	The time of the disability is not counted	Civil Practice and Remedies Code 16.001
Notice to a government unit	Six months after the incident, unless a city charter sets a shorter period	Civil Practice and Remedies Code 101.101
Notice to the City of San Antonio	Written notice within 90 days	San Antonio City Charter Section 150
Wrongful death suit by the executor	If no family member has sued within three months of the death, the executor or administrator must sue unless all of them ask that it not	Civil Practice and Remedies Code 71.004(c)

A disability that begins after the limitations period has started does not stop it running, and one disability cannot be added onto another to extend the period (section 16.001(c) and (d)).

Fault

Chapter 33 of the Civil Practice and Remedies Code governs how responsibility is shared. The jury states a percentage for each claimant, each defendant, each settling person and each responsible third party (section 33.003). A claimant whose percentage is greater than 50 percent recovers nothing (section 33.001); otherwise the claimant’s damages are reduced by their own percentage (section 33.012) and further reduced by settlements with others (section 33.012(b)). A defendant is liable only for its own percentage, unless it is more than 50 percent responsible, in which case it is jointly and severally liable for the damages (section 33.013). A defendant may move to designate a responsible third party on or before the 60th day before trial (section 33.004).

Auto insurance

Liability coverage every driver must carry

A person may not operate a motor vehicle in Texas without financial responsibility for it, usually an auto liability policy (Transportation Code section 601.051). Since January 1, 2011 the minimum amounts have been $30,000 for bodily injury to or death of one person in one collision, $60,000 for two or more people, and $25,000 for damage to property of others (section 601.072(a-1)).

Personal injury protection

PIP pays the named insured, members of the household, and any authorized driver or passenger of the insured’s vehicle, including a guest, for reasonable expenses that arise from an accident and are incurred within three years of it (Insurance Code section 1952.151). It covers necessary medical, surgical, X-ray and dental services, including prosthetic devices, ambulance, hospital, nursing and funeral services; replacement of income lost by an income producer; and, for a person who was not earning, reasonable expenses for essential services they ordinarily performed for the household.

• Every auto liability policy must include PIP unless a named insured rejects it in writing (section 1952.152).
• The law does not require an insurer to provide more than $2,500 of PIP for each person, in the aggregate (section 1952.153).
• PIP is paid without regard to fault and without regard to other sources of medical or wage benefits (section 1952.155).
• The insurer must pay periodically as claims arise, and not later than the 30th day after it receives satisfactory proof of a claim; the policy may require the original proof of loss within a period of not less than six months after the accident (section 1952.156).

Uninsured and underinsured motorist coverage

UM/UIM protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured vehicles, for bodily injury, sickness, disease, death or property damage, in at least the Chapter 601 limits (Insurance Code section 1952.101(a)). Every auto liability policy must include it unless any named insured rejects it in writing (section 1952.101(b) and (c)). Underinsured coverage pays what the insured is legally entitled to recover from the underinsured driver, up to the policy limit, reduced by the amount recovered or recoverable from that driver’s insurer (section 1952.106).

Rideshare drivers

For a transportation network company driver, such as an Uber or Lyft driver, the Insurance Code sets two tiers. Logged on and available but not on a prearranged ride: at least $50,000 for bodily injury to or death of each person, $100,000 per incident and $25,000 for property damage, plus UM/UIM and PIP where Chapter 1952 requires them (section 1954.052). Engaged in a prearranged ride: a total aggregate limit of at least $1,000,000 for death, bodily injury and property damage for each incident, plus UM/UIM and PIP where required (section 1954.053). If the driver’s own policy has lapsed or falls short, the company must provide the required coverage from the first dollar of the claim (section 1954.054).

After a crash

• Duty to stop and remain. A driver in a collision that results, or is reasonably likely to result, in injury or death must stop, return if necessary, determine whether anyone needs aid and remain until the information duties are met (Transportation Code section 550.021).
• Duty to give information and render aid. Name, address, vehicle registration number and liability insurer; the driver’s license if requested; reasonable assistance to anyone injured, including transport for treatment (section 550.023).
• Immediate report. A collision with injury or death, or a vehicle that cannot be normally and safely driven, must be reported by the quickest means to the police inside a city or the sheriff outside one (section 550.026).
• Officer’s report. An officer who investigates a collision with injury, death or property damage apparently of $1,000 or more must file a written report with TxDOT within 10 days (section 550.062). That is the CR-3.
• Who may obtain it. Crash report information is confidential, but is released on written request and payment of the fee to persons directly concerned, including a person involved in the collision and their authorized representative (section 550.065).

How to buy the report, and what to do at the scene, is on our accident lawyer San Antonio page.

Claims against the government

Under the Texas Tort Claims Act, a governmental unit is liable for injury and death caused by an employee’s wrongful act or negligence in the operation or use of a motor vehicle or motor-driven equipment, if the employee would be personally liable under Texas law, and for injury and death caused by a condition or use of tangible personal or real property if a private person would be liable (Civil Practice and Remedies Code section 101.021). Notice is due within six months, unless the unit already has actual notice of the injury or death (section 101.101). Suit is brought in state court in the county where the claim, or part of it, arose (section 101.102).

Government unit	Cap for bodily injury or death (section 101.023)
State government	$250,000 for each person, $500,000 for each single occurrence
Municipality, such as the City of San Antonio	$250,000 for each person, $500,000 for each single occurrence
Other unit of local government, such as a county	$100,000 for each person, $300,000 for each single occurrence
Emergency service organization	$100,000 for each person, $300,000 for each single occurrence

The City of San Antonio notes on its notice of claim page that, under section 101.021, it is not liable for property damage caused by the condition of its streets, such as potholes and road hazards, and that claims involving CPS Energy, SAWS or VIA must be filed with those entities.

Damages

• Definitions. Economic damages compensate actual economic or pecuniary loss; compensatory damages are economic and noneconomic damages; exemplary damages, including punitive damages, are awarded as a penalty or punishment (Civil Practice and Remedies Code section 41.001).
• Medical expenses. Recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant (section 41.0105).
• Exemplary damages. Only on clear and convincing evidence that the harm resulted from fraud, malice or gross negligence; the burden cannot be met with evidence of ordinary negligence, bad faith or a deceptive trade practice (section 41.003).
• The cap. Exemplary damages may not exceed the greater of two times economic damages plus noneconomic damages found by the jury up to $750,000, or $200,000 (section 41.008(b)). The cap does not apply to conduct described as certain felonies, including intoxication assault and intoxication manslaughter (section 41.008(c)).
• Proving medical bills. An affidavit from the provider or its records custodian, with an itemized statement, is sufficient evidence that the charges were reasonable and the services necessary unless a counter-affidavit is served; it is not evidence of causation (section 18.001).

Liens on a recovery

A hospital has a lien on the claim of a person it treats for injuries from an accident attributed to another person’s negligence, if the person is admitted within 72 hours of the accident; the lien extends to a hospital the person is transferred to for the same injury (Property Code section 55.002). In counties of 800,000 people or fewer, an emergency medical services provider has a similar lien (section 55.002(c)).

Wrongful death and survival claims

A wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the person who died (Civil Practice and Remedies Code section 71.004(a)). Any of them may bring it for the benefit of all (section 71.004(b)). If none has begun the action within three calendar months of the death, the executor or administrator must bring it unless all of them ask that it not be brought (section 71.004(c)). Separately, the injured person’s own claim does not end with their death: it survives to their heirs, legal representatives and estate (section 71.021).

Drunk drivers and the businesses that served them

A person hurt by an intoxicated driver can sue the driver under ordinary law (Alcoholic Beverage Code section 2.02(a)). A provider that sold or served the alcohol can be liable on proof that it was apparent to the provider, at the time, that the person was obviously intoxicated to the extent of presenting a clear danger to themselves and others, and that the intoxication was a proximate cause of the damages (section 2.02(b)). An adult 21 or older who knowingly served or provided alcohol to a minor under 18 can also be liable, with exceptions for parents, guardians and spouses (section 2.02(c)).

Work injuries

• Apart from public employers, an employer may elect whether to carry workers’ compensation (Labor Code section 406.002).
• Against an employer without coverage, it is not a defense that the employee was contributorily negligent, assumed the risk, or was hurt by a fellow employee’s negligence; the employee must still prove the employer’s negligence (section 406.033).
• For an employee covered by workers’ compensation, benefits are the exclusive remedy against the employer, except that the surviving spouse or heirs of the body may recover exemplary damages for a death caused by the employer’s intentional act or gross negligence (section 408.001).

Motorcycles and trucks

Riders and passengers must wear protective headgear meeting state standards, except a person at least 21 years old who has completed an approved motorcycle operator training and safety course or is covered by a health insurance plan providing benefits for injuries from a motorcycle collision (Transportation Code section 661.003). For commercial trucks, federal rules limit a property-carrying driver to 11 hours of driving within a 14-hour period after 10 consecutive hours off duty, require a 30-minute break after 8 hours of driving, and bar driving after 60 hours on duty in 7 days or 70 hours in 8 days (49 CFR 395.3); motor carriers must systematically inspect, repair and maintain their vehicles and keep records (49 CFR 396.3).

Where a suit is filed

Generally in the county where all or a substantial part of the events or omissions occurred; otherwise in the county of the defendant’s residence or principal office in Texas, or, if none of those applies, the plaintiff’s county of residence (Civil Practice and Remedies Code section 15.002). For a San Antonio crash, that is usually Bexar County.

Lawyers’ fees and solicitation

• A contingent fee contract for legal services must be in writing and signed by the attorney and the client (Government Code section 82.065(a)).
• A contract obtained through barratry, or through conduct violating the Texas lawyer solicitation rule, is voidable by the client (section 82.065(b)).
• A lawyer, chiropractor, physician, surgeon or private investigator who sends a written communication or solicitation about a personal injury or wrongful death claim to a person who has not sought their services, before the 31st day after the accident, commits an offense (Penal Code section 38.12(d)).