August 29, 2024 • 5 min read
For both business and pleasure, Texas is one of the top travel destinations in the country.
Texas welcomes millions of visitors from across the U.S. every year. Travelers contribute billions of dollars to the state economy, creating jobs, generating revenue, and returning home with stories about authentic Texas hospitality and charm.
But some travelers also go back home bearing battle scars from their Texas trip. Getting hurt while traveling can put a serious damper on your plans. Out-of-state accident cases also raise tricky questions about jurisdiction and where you’re allowed to file a claim. And certain types of activities may involve liability waivers that further complicate the claims process.
If you were hurt in Texas, you can’t rely on an attorney where you live. You’ll need a local Texas injury attorney who is licensed to practice law here.
Texas at the Top of Many Travel Bucket Lists
After the lifting of COVID-19 restrictions that brought the travel industry to its knees, strong pent-up demand has seen tourism return to pre-pandemic levels—a phenomenon some have called “revenge travel.”
Many travelers who are making up for lost time have their sights set on Texas. In 2023, Texas had nearly 50 million domestic visitors. Americans plan to travel more in 2024 than in 2023 and Texas is one of their top ten destinations.
San Antonio is the most visited city in Texas, with approximately 39 million visitors annually, and the Alamo is Texas’s top tourist attraction. Travel + Leisure named San Antonio the sixth-best U.S. travel destination for 2024.
More than 25 million people visit Dallas every year and the Metroplex area draws an estimated 75.5 million visitors annually. Houston is a thriving tourist destination in its own right and set several travel records in 2023. Houston and Dallas-Fort Worth are also among the top business travel cities in the U.S.
Travel and tourism are major contributors to the Texas economy, helping to support 1.3 million jobs, $72.9 billion in earnings, and $9 billion in taxes. To attract more tourists, the Texas travel industry is ramping up outreach and spending.
Travel Can Be Hazardous to Your Health
The Texas Monthly 2024 Travel Guide lists some of the best that Texas has to offer, from beachside getaways and waterparks to fine dining and food-inspired road trips to national parks and adventure tours.
People travel for many reasons: to escape, explore, unwind, relax, and challenge themselves to try something new.
Travel is an essential part of the human experience. Unfortunately, so is getting hurt. And travelers can be particularly vulnerable to the ever-present threat of injury.
- A study published in the Journal of Travel Medicine found that travelers “have a higher risk of injury mortality” than local populations. The study notes that most of these injuries are preventable and arise from “novel environments” and “behavioral changes” associated with travel.
- The medical director of the Travel Medicine Center writes in International Travel News that, “travel is associated with an increased risk of injury.” He cites traffic accidents, alcohol use, falls, and watersports as the largest causes of travel-related injuries.
- According to the CDC, injuries are the leading cause of preventable traveler deaths. Road traffic injuries, water and aquatic injuries from activities like boating, scuba diving, and swimming, and adventure activities are the top risks of accidental death to travelers.
- British data shows that 5% of people on holiday suffer some type of injury.
Much of the data on travel-related injuries comes from international destinations, where medical care can be less available and of lower quality than it is in the developed world.
However, research from Australia—which is one of the wealthiest countries in the world and isn’t considered a particularly dangerous country for travelers—shows that that the leading causes of traveler injuries in the developed world are generally the same as they are in the developing world.
The study lists land transport incidents (including cars, trucks, buses, motor bikes, bicycles, pedestrian accidents, and animal attacks), drownings, and falls as the most common mechanisms of traveler injuries.
Adventure Travel
In the U.S. and worldwide, adventure tourism is on the rise. More than 40% of travelers say they’re “looking for adventure” on their next trip.
Adventure tours have a great potential for legal liability because they often take place off the beaten path, are physically demanding, and pose a significant risk of injury or even death.
The CDC states that adventure travel poses a much higher risk of injury compared to other types of travel. It lists activities such as kayaking, cycling, mountaineering, backpacking, off-roading, rafting, skydiving, skiing and snowboarding, and surfing as being uniquely dangerous.
Anyone who participates in an adventure travel tour is typically required to sign a liability waiver to protect the tour operator from potential lawsuits. Liability waivers are usually, but not always, enforceable. Some liability waiver issues remain unresolved in Texas.
Texas Injury Claims Need to Be Handled in Texas By a Texas Lawyer
You don’t have to be mountain biking in Big Bend, kayaking on the Guadalupe River, or climbing at Enchanted Rock to get hurt. You could also be injured in a slip and fall while dining in Houston or visiting a Dallas museum or get hit by an 18-wheeler or drunk driver in your rental car.
No matter where you are and what you’re doing, an injury can happen at any time. But where you are matters when it comes to dealing with an injury claim.
If you were hurt in Texas or injured by a Texas resident or business and end up filing a personal injury lawsuit, Texas laws apply. You must file the lawsuit in Texas and hire a lawyer who is licensed to practice law in Texas.
Injury attorneys are sometimes licensed in multiple states, especially attorneys who live near the border of a neighboring state like Louisiana or New Mexico. Attorneys can also be admitted on a pro hac vice (i.e., a “one-time only”) basis to handle a case in another state, although this typically involves partnering with a law firm licensed in that state.
Even if an out-of-state attorney is allowed to practice in Texas, it’s still in your best interest to hire an attorney who lives in the area where the accident occurred. A local attorney is more familiar with the local courts, judges, laws, and procedures and can use this knowledge to obtain the best outcome for you.
While hiring a Texas injury attorney when you live somewhere else might seem inconvenient, technology has made it easier to handle cases virtually. Many attorney-client meetings can be done over the phone or by video. Remote depositions are also becoming more common, and many courts now accept electronic filings. You might only need to travel to Texas for an in-person hearing or trial.
Hurt On Your Trip to Texas? Schedule a Free Case Review
People plan their vacations months or years in advance. But nobody plans to get hurt on vacation.
You shouldn’t worry if you were drinking alcohol at the time of your accident or doing something risky like mountain biking. People often engage in activities and behaviors on vacation that they wouldn’t normally do. Your actions don’t excuse the negligence of others. Unless you were mostly to blame, Texas comparative negligence law allows you to recover compensation.
Injuries that occur in Texas require a Texas injury lawyer. There are many law firms in Texas, but only one firm that’s home to The Texas Hammer. Since 1973, we’ve helped thousands of people injured in Houston, Dallas, San Antonio, and surrounding areas get the money they deserve from those who were at fault.
Injured Texans—and non-Texans—can call 1-800-505-1414 or contact us for a free case review.
