OUR PRACTICE AREAS
Personal Injury Cases We Handle in San Marcos
Our work in Hays County spans both traffic collisions along I-35 and injuries that happen on someone else’s property. Most people who contact a San Marcos personal injury lawyer are dealing with one of the following.
Collisions on I-35, RM 12, and the surface streets around Texas State University.
Commercial traffic moving between Austin and San Antonio.
Brought under Chapter 71 of the Civil Practice and Remedies Code.
Riders on RM 12 and the Hill Country routes west of town.
A San Marcos car accident lawyer looks at the same crash differently than an adjuster does. Where the insurer is measuring what it can pay, your attorney is establishing what actually happened, who is responsible, and what the injury will cost you over time.
JURISDICTION & VENUE
Where a San Marcos Injury Claim Is Filed
San Marcos is the county seat of Hays County. Civil cases arising in the city are generally filed at the Hays County Government Center at 712 S. Stagecoach Trail in San Marcos.
Section 15.002 of the Texas Civil Practice and Remedies Code sets venue in the county where a substantial part of the events occurred, or in the county where the defendant resides. For most San Marcos injuries, that means Hays County — even when the driver who hit you lives in Travis or Comal County.
This matters more than people expect. Hays County juries are drawn from a different population than Travis County juries, and the two courthouses run on different scheduling practices. An attorney who regularly appears in both can tell you what that difference may mean for your particular case.
STATUTE OF LIMITATIONS
Deadlines That Apply to a San Marcos Claim
| Type of Claim | Deadline | Source of Law |
|---|---|---|
| Most injury claims | 2 years from injury | Tex. Civ. Prac. & Rem. Code §16.003 |
| Claim against the City of San Marcos or Hays County | 6-month written notice | Texas Tort Claims Act §101.101 |
| Claim involving Texas State University | 6-month written notice | Texas Tort Claims Act §101.101 |
| Wrongful death | 2 years from date of death | Tex. Civ. Prac. & Rem. Code §16.003 |
The notice requirement deserves particular attention in San Marcos. Texas State University is a state institution, so an injury involving a university vehicle, a university employee, or a condition on university property may fall under the Texas Tort Claims Act. Missing that six-month notice window can end a claim before it starts, regardless of how strong the underlying facts are.
ESTABLISHING FAULT
Proving Liability Under Texas Law
Texas injury claims generally rest on negligence. To recover, an injured person typically must show four things: that the other party owed a duty of care, that the party breached it, that the breach caused the injury, and that measurable harm resulted.
What that looks like in practice depends heavily on the type of case. A rear-end collision on I-35 may turn on skid marks and vehicle damage patterns. A fall at an outlet center may turn on how long a hazard existed before anyone addressed it — because a property owner is generally responsible only for conditions they knew about or should reasonably have discovered.
Evidence tends to disappear quickly. Surveillance footage at commercial properties is often overwritten within days, and witnesses who were passing through San Marcos on I-35 may be difficult to locate later.
COMPENSATION CATEGORIES
Damages You May Recover in Texas
Texas recognizes three categories of damages:
Economic Damages
- Medical bills
- Lost wages
- Reduced earning capacity
- Property damage
Non-Economic Damages
- Physical pain
- Mental anguish
- Disfigurement
- Loss of enjoyment of life
Exemplary Damages
- Available only where a defendant acted with fraud, malice, or gross negligence, and capped by Section 41.008 of the Texas Civil Practice and Remedies Code.
Most ordinary injury claims involve only economic and non-economic damages. Chapter 74 caps on non-economic damages apply to medical malpractice claims, not to typical car accident or premises cases — a distinction that is often misunderstood.
RISK AREAS IN SAN MARCOS
Where Injuries Commonly Happen in San Marcos
Due to rapid municipal expansion and high density, specific regional zones see disproportionate accident rates.
On the Road
Interstate 35 remains one of the busiest transportation corridors through San Marcos, carrying commuters, commercial trucks, university traffic, and more.
On Commercial Property
The outlet centers along the interstate draw large weekend crowds, and parking lot and walkway conditions become a factor.
In Student Housing
Premises liability claims may arise at student apartment communities, restaurants, retail centers such as San Marcos Premium Outlets, or other commercial properties.
In Residential Neighborhoods
Dog attacks occur most often on or near the animal owner’s property, and liability may rest on the owner’s knowledge.
EVIDENCE & RECORDS
How to Document Your San Marcos Injury Claim
| Type of injury | Document you need | Where to get it |
|---|---|---|
| Vehicle collision inside city limits | CR-3 Crash Report | San Marcos Police Department, or TxDOT CRIS online |
| Collision outside city limits | CR-3 Crash Report | Hays County Sheriff's Office |
| Fall on commercial property | Incident report | Property manager — request a copy in writing |
| Injury on university property | Incident report | Texas State University Police Department, which holds incident, accident and arrest records for the campus |
| Injury involving the city, the county, or Texas State University | Written notice of claim | Send to the entity within six months under Texas Tort Claims Act §101.101 |
Depending on where the injury occurred, additional records may also become important. For example, crashes occurring on or near the Texas State University campus may involve reports prepared by the Texas State University Police Department, while premises liability claims involving student housing or apartment communities may require maintenance records, incident reports, lease documents, or surveillance footage preserved by the property owner. Collecting these records as early as possible helps prevent important evidence from being lost or overwritten.
TEXAS PROPORTIONATE RESPONSIBILITY
How Comparative Fault Affects Your San Marcos Claim
Texas follows modified comparative fault under Section 33.001 of the Civil Practice and Remedies Code. For example, after a collision near the Interstate 35 and Aquarena Springs Drive interchange, an insurance company may argue that both drivers contributed to the crash. Similarly, after a fall at an off-campus apartment complex near Texas State University, a property owner may claim that an injured visitor failed to notice an obvious hazard.
This rule is the reason insurers work so hard to assign blame to injured people. In a merging collision on I-35, an adjuster may argue you failed to maintain a safe following distance. In an apartment stairwell fall, they may argue the hazard was open and obvious.
Being partly at fault does not end your claim. But it does change its value, and it is worth understanding honestly before you accept any offer.
TIMELINE EXPECTATIONS
How Long a Texas Injury Claim Takes
HAYS COUNTY SERVICE AREA
Communities We Serve Near San Marcos
There is no standard timeline. Claims that settle without a lawsuit often resolve within several months of the point where medical treatment stabilizes. Cases that require filing suit in Hays County generally take considerably longer than those that settle without a lawsuit.
Insurers are typically reluctant to make a fair settlement offer until your treating doctor determines you have reached maximum medical improvement, since the full cost of your injury is not clear until then.
Cases involving Texas State University, the City of San Marcos, or Hays County may take longer due to the six-month notice requirement and the additional records that must be requested from these entities.
QUESTIONS & ANSWERS
Frequently Asked Questions
Yes. Whether you are a student, employee, visitor, or resident, you may have the right to pursue a personal injury claim if another person’s negligence caused your injury. The legal process depends on where the incident occurred and who may be legally responsible.
Crashes within city limits are typically investigated by the San Marcos Police Department, while collisions outside city limits fall under the jurisdiction of the Hays County Sheriff’s Office.
Report the incident to property management in writing, request a copy of the incident report, photograph the hazard before it is corrected, and seek medical attention even if your injuries seem minor.
You may be able to recover compensation through your own uninsured/underinsured motorist coverage, if you carry it. An attorney can review your policy to determine what coverage applies.
Liability generally depends on whether the property owner or manager knew, or should have known, about the hazardous condition and failed to correct it within a reasonable time.
Dang Law Group works on a contingency fee basis. There is no upfront cost, and you only pay a fee if we recover compensation for you.
Talk Through What Happened in San Marcos
If you were injured in San Marcos because of someone else’s negligence, you may have the right to pursue compensation under Texas law. Personal injury claims commonly arise from crashes on Interstate 35, incidents involving Texas State University, unsafe properties, and other preventable accidents. An experienced San Marcos personal injury lawyer can help identify the responsible parties, preserve evidence, and protect your legal rights.
Dang Law Group operates on a contingency fee basis. Simply put, if we do not win, no fee is charged.
Reach out today and tell us what happened.
Call Us Now: 512-823-0778Available by Phone 24/7 · Free Consultation
Loc Dang
Founder, Dang Law Group
Our bilingual legal team is dedicated to helping injured Texans secure the compensation they deserve. We work on a contingency fee basis—no fees unless we win.
