Filing a personal injury claim after a truck accident can be complicated if you are an undocumented immigrant. The fear of retaliation and possibly being deported stops many people from taking legal action after being injured in a car accident. However, you do have protections at the federal and state level that can keep you safe.
Truck and car accidents can happen anywhere, including while working. With the right legal representation, you can take action and file a claim for the compensation that you are owed.
Undocumented Immigrants’ Legal Rights in Truck Accident Cases
Undocumented immigrants may worry about how the law protects them compared to citizens. In short, you have many of the same rights, regardless of citizenship status.
Before filing personal injury claims against the other driver, it is a good idea to recruit the help of a personal injury lawyer who can help you fully understand and protect those rights as you handle your car accident claim and is knowledgeable about the laws surrounding immigration services.
Equal Access to Compensation
Under federal law, undocumented immigrants are treated the same as anyone else in terms of filing lawsuits and seeking compensation. The legal system cannot automatically deny compensation based solely on immigration status. You have the right to file personal injury claims to recover damages if you are injured in a truck accident.
Courts have to treat you the same as anyone else since discrimination based on your legal status is illegal. That means that you can not be punished or denied access to compensation because you are undocumented.
Being deported for filing a personal injury claim is a legitimate fear held by many undocumented immigrants, but there are protections against that. Your lawyer cannot divulge your immigration status to anyone as it is protected information, even to immigration officials.
Protection Against Discrimination
Several pieces of legislation at the federal level provide protection against discrimination because of your undocumented status. The two most prominent protections come from the Fair Labor Standards Act (FLSA) and the Equal Protection Clause. However, every state has different protections against discrimination at the state and local government levels.
In New York City, protective orders are issued as necessary to prevent the disclosure of a person’s immigration status. In California, there are many anti-discrimination laws protecting immigrants. This includes the fact that employers cannot report on the immigration status of an employee.
In Illinois, undocumented immigrants have protections to prevent discrimination in several areas of life, including housing, employment, and education.
Confidentiality Protections
There are several privacy laws protecting undocumented immigrants in legal cases. Your lawyer is bound by attorney-client privilege, meaning they are legally obligated to keep certain information secret. Your immigration status is one of those pieces of information, so they cannot disclose it to the court or other government agencies.
Once filed, court documents are usually public information. However, the court can issue a protective order on certain documents, which seals them and limits who can access them.
Steps Undocumented Immigrants Should Take to Recover Compensation Following a Truck Accident
You can file personal injury claims after a truck accident with the help of a personal injury lawyer. Here is a brief overview of the process that you should follow as an illegal immigrant:
Ensure Safety and Seek Medical Attention
Right after the accident, seek medical attention immediately for yourself and anyone else involved. Even if you feel fine, go to the hospital or urgent care center immediately to be evaluated by a doctor. Many car accident injuries take time to develop visible symptoms. You could be seriously injured without even realizing it.
Additionally, the medical records created by seeking medical attention after a motor vehicle accident can be used as evidence in a personal injury suit or for negotiating with car insurance companies.
Gather Evidence
If possible, take photos of the accident scene, vehicle damage, and any visible injuries while you wait until the police arrive at the accident scene. Be sure to write down the contact information for any witnesses and the truck driver’s information, including their driver’s license information and information for any insurance companies.
If the truck driver works for a company, you will also need the contact information of their employer. All of this information will be helpful later for your car accident attorney when it comes time to gather evidence to build your case.
Report the Accident to Law Enforcement
It’s very important to report the accident to law enforcement and to request a copy of the police report for your records. This can be used as evidence in an auto accident claim. Do not discuss your immigration status with anyone except for your car accident attorney, as you do not know how this information will be used against you.
Consult an Attorney
The next step is to consult with a truck accident lawyer about filing an injury claim. Be sure to find a lawyer with experience helping undocumented immigrants file a personal injury claim. These cases can be more nuanced than ordinary personal injury claims, so the attorney you choose must have experience with similar cases.
Navigating the Challenges of the Truck Accident Claim Process as an Undocumented Immigrant
Navigating the challenges of a truck accident claim is more difficult for undocumented immigrants because many don’t have a clear understanding of how the law applies.
This makes it harder for undocumented immigrants to handle legal processes, as well as know what rights they have and how to protect them. Take these steps to make navigating the claims process easier.
Understand State Laws
There are state-specific protections in place to protect undocumented immigrants from discrimination and other legal problems because of their immigration status. Before you take legal action, work with a lawyer to understand how the specific laws in your state apply to your situation.
Every state has a law called the statute of limitations that limits the time you have after an accident to file a claim with the court. In Illinois, the statute of limitations for personal injury cases (which include truck accidents) is two years.
That means that you have two years from the date of the accident to file a lawsuit. That is not much time for your lawyer to get everything together for your case. Give them as much time as possible by engaging a lawyer as soon as possible.
File the Truck Accident Personal Injury Claim
Report the accident to your insurance company promptly, but do not admit fault. Give only factual information. Consult with a personal injury lawyer before giving a recorded statement.
Seek Compensation from Responsible Parties
If you suffer damages because of another party, you have the right to seek compensation from the responsible parties. In a truck accident, that could be the at-fault driver or possibly the company they work for. You may even have a claim against the truck manufacturer if the truck was made improperly.
Your attorney can help you pursue compensation through a personal injury lawsuit. The compensation you collect can help you cover the costs of your recovery.
Don’t Settle for Less
One of the problems that you may face when filing claims with insurance is that the insurance company may offer you an unusually low settlement. They think that undocumented immigrants will accept the offer so that they don’t cause trouble and face retaliation.
However, there are protections in place to stop this type of discrimination based on your immigration status. Protect your rights by hiring a car accident lawyer who will fight to get you the compensation you deserve.
At Rosenfeld Injury Lawyers, we serve as personal injury attorneys for anyone needing our services, including anyone undocumented. Our personal injury attorneys can make a significant difference in the outcome of your case. Contact us for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.