What Happens if an Illegal Immigrant Gets in a Car Accident in North Carolina?

Getting into a car accident is stressful in itself, but when the victim is an undocumented immigrant, it can become a lot more complicated. Undocumented victims often avoid filing claims because they fear deportation and the uncertain state of their legal rights. Knowing what happens if an illegal immigrant gets in a car accident in North Carolina can help you figure out the next steps.

Legal Rights of Undocumented Immigrants

In 2023, 1,686 people were killed in car crashes in North Carolina, a 5.5% decrease from 2022. In the same year, 115,009 people were injured, which was a 4.0% increase from 2022, and 284,157 traffic crashes were reported, a 3.8% increase from 2022.

Undocumented immigrants in North Carolina are just as protected by state and federal laws when it comes to personal injury claims. They have just as much right as citizens to receive medical treatment, file a police report, file a claim with an insurance company, and file a personal injury claim if someone else’s negligent actions caused their injuries.

Courts in North Carolina will not bar a claim just because someone is undocumented. The person’s immigration status may come up during the process, as the other side may use it as a litigation tactic, but it will not strip them of their right to hold a negligent driver accountable and receive damages for injuries, medical bills, lost wages, and other physical and emotional suffering.

An undocumented accident victim can stand up for their rights and seek justice with the help of an understanding and experienced attorney.

The Fear of Deportation

It is common for undocumented immigrants to fear deportation if they report an accident. However, it’s important to know that calling the police after a car accident or filing a civil claim for injuries will rarely lead to deportation. Your local police department in North Carolina is generally more concerned with enforcing traffic laws than with someone’s immigration status.

In many cases, they won’t cooperate with federal immigration authorities in civil matters like a personal injury claim, either. That being said, your immigration status could potentially come up in the event you are arrested for a criminal violation, such as driving without a license or DUI. However, this is a risk that a knowledgeable attorney can help to avoid.

What if the Undocumented Immigrant Caused the Accident?

Being involved in a traffic accident as an undocumented immigrant could complicate your legal circumstances, but it won’t guarantee catastrophic outcomes. You may be responsible for the other driver’s injuries if they were hurt, and could still be sued in civil court. You may also face penalties for driving without a valid license or insurance.

The good news is that an accident does not make you a criminal. If there are no criminal charges filed against you, such as driving under the influence, then your immigration status may not come into play. In such cases, you’ll need a personal injury lawyer and, potentially, an immigration lawyer in your corner.

Immigration Status and Your Outcome

Your immigration status can possibly affect the outcome of your case, but it is unlikely to do so. Your immigration status may become a tool for defense attorneys or insurers to weaken settlement offers or undermine your testimony in court. They are not always successful. Courts have routinely held that immigration status is not a proper factor in determining fault or degree of injury.

However, there may be some difficulty in an undocumented plaintiff’s recovery for lost earning capacity or future wages if they are unable to work in the United States. A competent lawyer can prevent this issue by directing their attention to present medical damages, emotional distress, and other recoverable losses.

About Butler, Quinn & Hochman, PLLC

At Butler, Quinn & Hochman, PLLC, our North Carolina car accident attorneys are familiar with car accident laws and have extensive experience handling car accident claims involving undocumented workers. We understand that these cases can be extremely intimidating, especially when you fear immigration consequences.

Our unique difference is our compassion for your situation. When you hire a car accident lawyer at Butler, Quinn & Hochman, PLLC, you get a lawyer dedicated to you who can negotiate on your behalf or effectively present your case in the Mecklenburg County Courthouse. We are committed to treating you with the respect and dignity you deserve.

FAQs

Q: What Happens if You Get in a Car Accident as an Illegal Immigrant?

A: If you are involved in a car accident as an illegal immigrant, it is generally no different than being in a car accident as a legal resident. The issue of fault is determined by the facts of the accident, not one’s immigration status. You could face other legal issues, such as driving without a license, but you may still file a claim to pursue damages.

Q: What Happens When a Documented Immigrant Gets Into an Accident in NC?

A: In the state of North Carolina, a documented immigrant who is involved in a car accident has the same legal rights as any other driver or passenger. In most cases, immigration status should not have an impact on the outcome of the case, unless the individual is facing a criminal issue in connection with the accident.

Q: Can Police Ask About Immigration Status After a Car Accident in North Carolina?

A: North Carolina police officers are not required to ask about immigration status after a car accident or during the investigation of the accident. An officer can, however, make an immigration inquiry when a person is arrested for a crime or a serious traffic offense, and may report that information to federal immigration authorities.

Q: Can I Still Recover Damages if I Was Driving Without a License or Insurance?

A: You can potentially still recover damages even if you were driving without a license or insurance. Driving without that documentation may lead to separate penalties, but it doesn’t necessarily prevent you from recovering damages when another driver is responsible. An experienced lawyer can help you navigate both issues and protect your right to recovery.

Contact Butler, Quinn & Hochman, PLLC Today

If you were involved in a car accident as an undocumented driver, Butler, Quinn & Hochman, PLLC can help you in the legal aftermath. Contact us today for more information.