QUESTION
Can an illegal immigrant be deported because of a traffic accident?
Asked on Dec 09th, 2010 on Personal Injury - Tennessee
More details to this question:
If an illegal immigrant has been in an accident and was at fault can he or she be deported if they have to report to a judge? How will insurance treat a situation like this? Can a personal injury attorney help?
7 ANSWERS
3 Awards
If you have been injured by an illegal alien a personal injury attorney can help you determine what insurance coverage, if any, is available.
Answered on Dec 11th, 2010 at 7:43 AM
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
You do not have to be legal to have personal injury case but you should talk to immigration attorney about other issue.
Answered on Dec 10th, 2010 at 4:43 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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An illegal immigrant can be deported at any time by the mere fact that he/she is here illegally. Having said that, it is unlikely a judge in a traffic citation scenario would do so. Normally, when illegal immigrants are charged with a crime, the jail staff will refer the case to the Immigration and Naturalization Service (INS) to determine if that agency wants to take custody of the individual. Insurance, in large part, is not affected by someone's illegal status. They typically treat the case as any other. An attorney can help. The best type of attorney would depend on all the various factors of the case.
Answered on Dec 10th, 2010 at 1:58 PM
Family Law Attorney serving Ogden, UT
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Froerer & Miles, P.C.
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The short answer is that it depends. Because the person is here illegally, and has caused an accident, ICE can probably get involved and initiate proceedings to deport them. This probably would not happen as ICE has more critical things to keep them busy. A PI attorney could not help with the situation unless he/she also practices in immigration law.
Answered on Dec 10th, 2010 at 1:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The immigrant cannot be deported because of the accident. He may be deported because he is illegal. IInsurance will take care of the problem regardless of the immigration question. Calll me if you want to talk.
Answered on Dec 10th, 2010 at 1:28 PM
William C. Gosnell
In Tennessee when someone who is without the proper documentation comes into contact with police then if there is a crime then they can be taken into custody.
Civil matters are ok.
Answered on Dec 10th, 2010 at 1:13 PM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
Typically, no. That does not mean I.C.E could not be tipped off somehow regarding the potential issue of residency; however, usually, a traffic offense will not initiate or impact an immigration proceeding unless the offense cited is also criminal, such as vehicular manslaughter or flight to
avoid arrest. A ticket for following too closely or failure to yield resulting in a car accident is not likely to come to the attention of immigration authorities.
Now, if there is no insurance covering the vehicle which caused the accident, there can be a whole lot of other problems, including potential jail time for charges such as driving without insurance and monetary penalties for restitution, etc. A person in this situation would also be facing civil liability for any damages caused, including both damages to property and injuries to the other party.
A personal injury attorney is a lawyer who, more often than not, represents the injured party, not the person who caused the injuries.
Long story short; if you are going to court for anything it is usually a good idea to first speak with an attorney.
Answered on Dec 10th, 2010 at 1:13 PM