Do Undocumented Immigrants Have Rights If They Are in an Accident Caused By Someone Else’s Negligence?

There are thousands of undocumented immigrants in West Texas and New Mexico who perform dangerous jobs everyday. Although their occupations put them at a higher risk of injury due to accident or negligence, these immigrants often avoid seeking compensation because they are afraid of exposing their legal status. Indeed, many undocumented workers simply assume they cannot file a personal injury lawsuit because they are not U.S. citizens.

Right to Sue Not Limited to Citizens

The truth is that in Texas and New Mexico, the right to sue is not based on citizenship. The 14th Amendment to the U.S. Constitution says that no state many “deny to any person within its jurisdiction the equal protection of the laws.” This includes people who may be living and working in the country without proper documentation.

In other words, if you are an undocumented immigrant injured in a car or truck accident caused by another party’s negligence, you have the same right as any U.S. citizen to seek damages through a personal injury claim. The mere act of filing a civil lawsuit will not affect your immigration status.

Furthermore, courts in both Texas and New Mexico have ruled that a person can still recover damages for lost wages and earning capacity even if they are not legally authorized to work in the United States. In 2003, a Texas appeals court ordered a chicken processor to pay the employee of one of its subcontractors nearly $750,000 in damages after he was injured at work. The defendant claimed the injured worker was not entitled to any damages for lost earning capacity due to his immigration status. The appeals court rejected that argument outright, noting “Texas law does not require citizenship or the possession of an immigration work permit as a prerequisite to recovering damages for lost earning capacity.”

Similarly, the New Mexico Supreme Court held in 2013 that an undocumented immigrant injured on the job was entitled to the same workers’ compensation benefits as their U.S. citizen counterparts.

Can Your Legal Status Be Used Against You in Texas or New Mexico?

Still, many undocumented immigrants may understandably worry that stepping forward to file a lawsuit following, say, a car accident might lead to discovery of their illegal status. While there is no way to guarantee immigration status will not become an issue, here are a few things to keep in mind:

• It is a violation of legal ethics rules for a defense attorney to threaten a personal injury plaintiff based on immigration status, i.e., a lawyer cannot say, “I will report you to federal immigration authorities if you sue my client.”
• Similarly, an insurance company cannot refuse to settle a personal injury claim based on a person’s immigration status.
• If you are in an accident and lie on an official report or document–for example, you give a false name to a police officer at the scene of a car accident–that could be used against you in court.

The first thing you should do after any accident is to speak with a qualified El Paso & Las Cruces personal injury attorney who can advise you of your legal rights. Contact the Lovett Law Firm to speak with one of our car accident lawyers today.