Can an illegal immigrant be deported because of a traffic accident? 16 Answers as of December 15, 2010

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?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If there are criminal charges associated with the accident, then yes, it is possible. Your friend should call an attorney - at least for a free consultation - to find out if he/she needs to take action.
Answer Applies to: Missouri
Replied: 12/15/2010
LT Pepper Law
LT Pepper Law | Luke T. Pepper
Yes. You would need an experienced immigration attorney to handle it if the police decide to report his status. It depends on the jurisdiction as to whether he will be reported.
Answer Applies to: Pennsylvania
Replied: 12/13/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, traffic accidents are not normally considered to be "crimes involving moral turpitude" which immigration authorities may consider as a basis for placing a person in removal proceedings.
Answer Applies to: Virginia
Replied: 12/11/2010
Van Sant & Slover LLC
Van Sant & Slover LLC | David Van Sant
If you have been injured by an illegal alien a personal injury attorney can help you determine what insurance coverage, if any, is available.
Answer Applies to: Georgia
Replied: 12/11/2010
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
You do not have to be legal to have personal injury case but you should talk to immigration attorney about other issue.
Answer Applies to: Florida
Replied: 12/10/2010
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This question should be directed to an immigration attorney. If the at-fault driver has insurance the insurance company will arrange for legal counsel.
    Answer Applies to: Connecticut
    Replied: 12/10/2010
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    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.
    Answer Applies to: Oregon
    Replied: 12/10/2010
    Froerer and Miles, P.C.
    Froerer and Miles, P.C. | Bryce M Froerer
    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.
    Answer Applies to: Utah
    Replied: 12/10/2010
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    Yes. An illegal immigrant can be deported if he or she is arrested and their status is reported to immigration authorities. In most accidents there is no arrest so this should not be an issue in your case.
    Answer Applies to: South Carolina
    Replied: 12/10/2010
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    In my sixteen years of practice in the personal injury field, I have never seen such a thing occur. But, those concerns are best addressed by an immigration attorney.
    Answer Applies to: Illinois
    Replied: 12/10/2010
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 12/10/2010
    Harris Law Firm
    Harris Law Firm | Paul Vames
    The immigration status of the defendant driver is highly unlikely to affect insurance coverage and it certainly has no bearing on the severity or the duration of the victim's injuries. Please call me for a
    no-obligation consult to discuss your potential personal injury claim.
    Answer Applies to: Oregon
    Replied: 12/10/2010
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    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.
    Answer Applies to: Nebraska
    Replied: 12/10/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | 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.
    Answer Applies to: Tennessee
    Replied: 12/10/2010
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