Accident Rights for Immigrants in Texas

Accident Rights for Immigrants in Texas

Your Rights, Your Next Steps & When to Call a Lawyer

A serious car accident is stressful for any family in Texas, and that stress can feel even heavier when you are building a life in a new country. You may worry that filing an insurance claim could threaten everything you have worked for here. You might fear that speaking up will put your visa or residency status at risk. We understand why silence often feels safer than asking for help, but we want you to know that you do not have to face this alone.

We hear from people every day who are unsure how to proceed after an accident because of their current immigration or citizenship status. If this applies to you or a family member, you should know that your rights are protected under both federal law and Texas law. The U.S. Constitution extends many of its protections to all “persons,” not just citizens, and Texas courts follow this same principle when injured people come forward with personal injury claims.[2] This means you have the right to file an insurance claim, seek medical care, and pursue compensation for your injuries just like anyone else.

Lawful permanent residents, Green Card holders, work visa holders, student visa holders, refugees, asylees, and families with mixed immigration statuses who are lawfully present all have the right to pursue a personal injury claim. Insurance companies know this and evaluate claims based on liability, medical records, and financial losses. Your immigration status does not affect the value of your case.

Jim Adler, The Texas Hammer®, has spent more than 50 years fighting for injured people across Texas, and our team at Jim Adler & Associates is ready to help you understand your options.

What Do Car Accident & Truck Accident Cases Usually Come Down To?

The days after a car accident or truck accident are often chaotic because medical bills arrive quickly while you are losing income from missed work. Insurance adjusters often call right away to ask for statements before you have even seen a doctor. The system feels aggressive and confusing for everyone, but it can be especially difficult if you are navigating it for the first time. You need to know that the legal process works the same way for you as it does for anyone else.

We build a strong case by focusing on the specific evidence that proves who caused the accident. We work to prove that the other driver was at fault and demonstrate how the injury has damaged your health and your finances. The rules of negligence remain the same whether the accident involved a small passenger car or a massive commercial semi-truck. You must also act quickly because Texas law limits the time you have to file a claim. Under the Texas Civil Practice and Remedies Code, you typically have only two years from the date of the accident to take legal action.[1]

Types of Accidents Where These Rights Apply

The right to pursue a personal injury claim after an accident does not change based on the type of vehicle involved or where the accident happened. It also does not change based on your immigration status. If you were hurt in any of the following situations, you may have the right to seek compensation for your injuries and any financial losses.

  • A car accident that leaves you with medical bills, missed work, and ongoing pain can be the foundation of a personal injury claim.
  • A truck accident or 18 Wheeler accident often involves multiple insurance policies and corporate defendants, which can make the claims process more complicated.
  • A traffic accident caused by speeding, distraction, unsafe lane changes, or a dangerous intersection can result in serious injuries that deserve fair compensation.
  • A rideshare accident involving Uber or Lyft can be difficult to navigate because coverage often depends on the status of the trip at the time of the accident.
  • A motorcycle accident can leave riders with catastrophic injuries, and insurers often try to unfairly blame the rider for what happened.
  • A work injury or jobsite incident involving a third party, defective equipment, or an unsafe work zone may give rise to a claim separate from workers’ compensation.
  • An oilfield accident, offshore accident, or explosion case often requires fast investigation and strong evidence preservation because multiple companies may share responsibility.
  • A wrongful death case arises when a family has lost a loved one due to someone else’s negligence and is seeking accountability and financial security.

 

No matter what type of accident caused your injuries, you deserve to have your case evaluated based on the facts of what happened and the harm you suffered. If you are unsure whether you have a claim or worried about how the process works, you can call our team for a free case review to understand your options.*

The civil justice system in Texas protects people based on what happened to them, not on their immigration or citizenship status. Lawful permanent residents, Green Card holders, work visa holders, student visa holders, refugees, asylees, and families with mixed immigration statuses who are lawfully present all have the right to pursue a personal injury claim. Insurance companies evaluate claims based on liability, medical records, and financial losses, and your immigration status does not change how your case is valued.

Jim Adler, The Texas Hammer®, has spent more than 50 years fighting for injured people across Texas, and our team at Jim Adler & Associates is ready to help you understand your options.

When Does It Make Sense to Call a Lawyer?

It is completely normal to feel nervous about calling a lawyer after an accident. You might hope the insurance company will treat you fairly so you can simply move on with your life. For many families who are building a new life in this country, the fear runs even deeper because the legal system can feel unpredictable and intimidating.

We understand that fear, and we want you to know that reaching out for help after an accident should not put you or your family at risk. Waiting too long, however, can hurt your case. Physical evidence disappears, witnesses move away, and insurance companies move fast to close your file before you understand what your claim is really worth.

It is usually time to talk to a lawyer when any of the following are true.

  • You went to the emergency room, needed surgery, or were told you may need ongoing treatment.
  • You missed work, lost income, or cannot return to the same job because of your injuries.
  • A commercial truck, 18 Wheeler, company vehicle, or work vehicle was involved in the accident.
  • The insurer is pushing for a quick settlement before you understand the full cost of your injury.
  • The other side is disputing fault, blaming you for the accident, or changing their story.
  • The accident involved a death, a catastrophic injury, or multiple people who may be making claims.
  • You were hurt in an oilfield, offshore, industrial, or explosion incident where multiple companies may share responsibility.

 

Jim Adler, The Texas Hammer®, has spent more than 50 years helping injured people understand their options after a serious accident. A personal injury case is about the accident, who is at fault, the injuries you suffered, and the losses you have experienced. It is not about your background or immigration status. If you were hurt and want to understand your next steps, our team is here to review the facts and explain your options at no cost to you.*

Quick Answers to Your Most Urgent Questions

If you were hurt in an accident and you are unsure whether your immigration status affects your right to file a claim, these answers can help.

1. Do I Have the Right to File a Claim if I Am Not a U.S. Citizen?

Yes, the U.S. Constitution broadly protects “persons” in many contexts, not only citizens.[2] If you are lawfully present in the United States and you were injured because of someone else’s negligence, you have the right to pursue a personal injury claim just like anyone else.

2. How Long Do I Have to File a Claim in Texas?

Under the Texas Civil Practice and Remedies Code, most personal injury lawsuits must be filed within two years from the date of the accident, with some exceptions.[1] Waiting too long can mean losing your right to seek compensation entirely.

3. When Should I Call a Lawyer?

You should consider speaking with a lawyer if you are dealing with serious injuries, a trucking or 18 Wheeler accident, disputed fault, an uninsured or underinsured driver, a rideshare accident, a work or oilfield or offshore incident, a wrongful death, or pressure from an insurance company to settle quickly.

Defining Your Rights Regardless of Your Immigration Status

When you are trying to understand your rights after an accident, the legal terms and definitions can feel confusing. You may hear words like “noncitizen” or “lawfully present” and wonder what they actually mean for your situation. A few basic terms can help you understand how the law protects you and why your immigration status does not prevent you from pursuing a personal injury claim in Texas.

What Is an Immigrant?

An immigrant is a person who moves from one country to another with the intention of living there permanently or for an extended period. Immigration refers to the process of entering and settling in a new country. These terms describe where someone comes from and how they arrived, but they have nothing to do with whether that person has the right to file a personal injury claim after an accident.

What Is the Difference Between a Noncitizen & Someone Who Is Lawfully Present?

A noncitizen is anyone who is not a U.S. citizen. This includes people who are in the country lawfully and people who are not. Someone who is lawfully present in the United States has legal authorization to be here. This includes lawful permanent residents, Green Card holders, holders of work and student visas, refugees, asylees, and others with valid immigration status. You may be asked for identification or contact information by insurers or medical providers after an accident, but your injury claim is still evaluated based on what happened, who was at fault, and the harm you suffered.

What Is USCIS?

USCIS stands for U.S. Citizenship and Immigration Services.[3] It is the federal agency that oversees lawful immigration processes, including applications for visas, Green Cards, citizenship, and asylum. If you have questions about your immigration status, USCIS is the appropriate resource.

Understand Your Legal Protections After an Accident

Many families worry that their immigration status will somehow limit their ability to seek justice after an accident. We hear this concern often, and we want you to understand that the law does not work that way. The civil justice system in Texas protects injured people based on what happened to them, not based on their citizenship status. If someone else’s negligence caused your injuries, you have the right to pursue compensation.

Do Immigrants Have the Same Rights as Citizens?

Many constitutional protections apply to “persons,” not just citizens. Courts have recognized that noncitizens in the United States have due process protections under the law.[2] When it comes to personal injury cases, this means you have the right to access the courts, receive fair treatment during legal proceedings, and bring a civil claim against someone who hurt you through their negligence.

Do Immigrants Have the Right to Due Process?

Due process means that you are entitled to fair treatment through the legal system. In the context of a personal injury case, this includes the right to file an insurance claim, the right to have your case heard in court if necessary, and the right to present evidence and argue your side. These protections apply to you whether you are a citizen, a lawful permanent resident, or someone with another valid immigration status.

What Rights Do Immigrants Have After an Accident in Texas?

If you are lawfully present in the United States and you were injured in an accident, you have the following rights.

  • You have the right to seek medical care for your injuries without fear that doing so will affect your immigration status.
  • You have the right to file an insurance claim against the at-fault party and pursue compensation for your losses.
  • You have the right to consult with a lawyer about your case and receive guidance on your legal options.
  • You have the right to sue the person or company responsible for your injuries if a fair settlement cannot be reached.
  • You have the right to request clear communication throughout the claims process, including interpretation services if needed.

 

These rights exist to protect you after an accident, and they apply regardless of your immigration status. If you are unsure how to move forward or worried about protecting your family, Jim Adler, The Texas Hammer®, is here to help. Our team at Jim Adler & Associates can review your case and explain your options at no cost to you.*

What to Do After a Car Accident

The moments after an accident are chaotic and overwhelming. You may be in pain, confused, and unsure what to do next. These general guidelines can help you protect yourself and your potential claim, but every situation is different. If you have questions about your specific circumstances, speaking with a lawyer is the best way to get guidance tailored to your case.

Steps to Consider at the Scene & in the Days After

The following steps may help protect your health and your ability to seek compensation later.

  • If you are able to move to a safe location away from traffic, doing so can help prevent additional injuries while you wait for emergency responders to arrive.
  • Calling 911 ensures that police document the accident and that medical personnel can evaluate everyone involved.
  • Seeking medical attention as soon as possible is important because some serious injuries do not show obvious symptoms right away, and having documentation of your injuries can be valuable later.
  • Taking photos of the vehicles, the road conditions, any visible injuries, and the surrounding area can help preserve evidence that may be important to your case.
  • Collecting the names, phone numbers, and insurance information of the other driver and any witnesses can be helpful if you decide to file a claim.
  • Being cautious about what you say at the scene is wise because even an apology or a guess about what happened can be used against you later by an insurance company.
  • Notifying your insurance company about the accident is generally required, but you may want to speak with a lawyer before giving a recorded statement or accepting any settlement offers.

What if the Accident Was Not Your Fault?

If someone else caused the accident, you may have the right to pursue compensation for your medical expenses, lost income, and pain and suffering. Collecting evidence at the scene and keeping records of your medical treatment can strengthen your case. Insurance companies often move quickly to offer settlements before you understand the full cost of your injuries, so it is important to be cautious before accepting any offer or signing any paperwork.

What if You Witnessed an Accident?

If you saw an accident happen, calling 911 and staying at the scene until help arrives can make a real difference for the people involved. Providing a factual statement about what you observed and offering your contact information to the responding officers may help the injured person later. Avoid speculating about who was at fault or what caused the accident.

Every accident is different, and these steps may not apply to every situation. If you were hurt in a car accident and want to understand your options, Jim Adler, The Tough, Smart Lawyer®, can help. Our team at Jim Adler & Associates offers a free case review so you can learn what your next steps might look like.*

Police Reports & What to Expect at the Scene

The presence of law enforcement at an accident scene can be intimidating for anyone, but we know it creates a specific kind of anxiety for families who are building a life in a new country. You may worry that a routine traffic investigation could turn into something much more serious. It helps to understand exactly why the police are there and what they are trying to do.

How to Get a Police Report in Texas

A police officer creates the official record of the accident by filling out the Texas Peace Officer’s Crash Report, also known as a CR-3 form.[4] This document serves as a neutral summary of the facts, including the drivers’ names, insurance details, and the officer’s observations about what may have caused the accident. You can request a copy of this document through the Texas Department of Public Safety. If you decide to work with Jim Adler & Associates, we can handle this request for you so you do not have to deal with the paperwork.

Concerns About Police Interactions at the Scene

It is completely understandable to feel nervous about interacting with law enforcement after an accident. The primary job of the police at an accident scene is to secure the area, help injured people, and clear the road safely. They focus on identifying the drivers involved so they can complete the accident report accurately.

Under Texas Transportation Code Section 521.025, drivers are required to have their license in their possession and display it on demand of a peace officer.[11] The officer needs this information to document who was driving the vehicle at the time of the collision. You should remain calm and polite during this interaction, but you also have rights. If you feel unsafe or unsure about how to answer specific questions, you have the right to contact an attorney.

Insurance Claims & Lawsuits: How the Process Works

After an accident, you may be wondering whether you need a lawyer, what they actually do, and how long the process takes. These are fair questions, and understanding how the system works can help you make informed decisions about what to do next.

Is It Worth Getting a Lawyer for a Car Accident?

After any accident, it is worth speaking with a lawyer to understand your options. Even accidents that seem minor at first can lead to injuries that show up days or weeks later, and insurance companies are skilled at finding ways to minimize or deny claims.

You should especially consider legal help from a personal injury attorney if you went to the emergency room, needed surgery, or required ongoing medical treatment. Legal help is also important if fault is being disputed, if a commercial truck or 18 Wheeler was involved, if the insurance company is pressuring you to settle quickly, or if a loved one was killed in the accident. In these situations, the insurance company has lawyers and adjusters working to protect their interests, and you deserve someone working to protect yours.

What Does a Car Accident Lawyer Actually Do?

A personal injury lawyer handles the parts of the process that most people do not have the time, resources, or experience to do on their own. This includes investigating the accident to determine who was at fault and collecting the evidence needed to prove it. It also includes calculating the full value of your damages, handling communications with the insurance company, and filing a lawsuit if the insurance company refuses to offer a fair settlement. In more complex cases, lawyers work with medical experts, accident reconstruction specialists, and other professionals to explain what happened and why it matters.

How Long Does a Car Accident Settlement Take?

There is no single answer because every case is different. The timeline depends on how long it takes for you to finish medical treatment, whether liability is being disputed, the limits of the insurance policies involved, and whether the case needs to go to litigation. Some cases settle within months, while others take a year or longer. Settling too early can mean accepting less than your case is worth, so it is important to be patient and let the process work.

Is It Worth Suing After a Car Accident?

Most personal injury cases settle without going to court, but sometimes a lawsuit becomes necessary. If the insurance company denies your claim, offers far less than your case is worth, or refuses to negotiate in good faith, filing a lawsuit may be the only way to get fair compensation. Lawsuits are also more common in cases involving serious injuries, multiple defendants, or disputes over who was at fault.

If you have questions about your situation or want to understand what the process might look like, Jim Adler, The Texas Hammer®, and our team at Jim Adler & Associates can review your case and help you understand your options at no cost to you.*

Costs & Fees Explained

We know that cost is one of the biggest worries for families after an accident. You are likely already dealing with expensive medical bills and lost paychecks, so the idea of paying a lawyer can feel impossible. You should never have to pay out of your own pocket to get the legal help you need. Jim Adler & Associates operates on a contingency-fee basis. We take on the financial risk of the case so you can focus entirely on your recovery.

How We Calculate Our Attorney Fees?

Our fee comes from the final settlement or verdict we win for you, not from your bank account. Our standard fee is 35% of the total amount we recover if the case settles before a lawsuit is filed. The fee increases to 40% if we must file a lawsuit to fight for your rights in court. 

We believe in being completely transparent about money from the very first meeting. You will receive a written fee agreement that explains exactly what we charge and how expenses are handled before we start working on your case. You will never face hidden fees or surprise charges when your case concludes. This structure allows you to hire experienced legal representation without adding to your financial burden. If you want to understand your options, Jim Adler, The Texas Hammer®, offers a free case review to help you decide your next steps.*

Compensation: How Much Money Can I Get?

One of the most common questions we hear is how much a case might be worth. The honest answer is that every case is different, and there is no way to know exactly what your case is worth until we understand the full extent of your injuries and losses. What we can tell you is what types of compensation you may be entitled to and what factors affect the value of your claim.

What Types of Compensation Are Available After a Car Accident?

If you were injured in an accident caused by someone else’s negligence, you may be entitled to compensation for several types of losses. Medical expenses include emergency room visits, hospital stays, surgeries, physical therapy, medications, and any future treatment your doctors say you will need. Lost income covers the wages you missed while recovering and may also include future earning capacity if your injuries prevent you from returning to the same type of work. Pain and suffering recognize the physical pain and emotional distress the accident has caused you. If your injuries have resulted in permanent impairment or disability, that is also factored into the value of your claim. Property damage covers the cost of repairing or replacing your vehicle and any personal belongings that were damaged in the accident.

How Can I Get the Most From My Settlement?

There are steps you can take to protect the value of your claim. Following your doctor’s treatment plan and attending all appointments shows that your injuries are serious and that you are doing what is necessary to recover. Keeping detailed records of your medical treatment, expenses, and time missed from work provides documentation to support your claim.

Be careful about what you say to insurance adjusters. Minimizing your injuries or speculating about how the accident happened can hurt your case later. If an adjuster asks for a recorded statement, consider speaking with a lawyer first.

It is also important to identify all available sources of coverage. In addition to the at-fault driver’s insurance, you may have your own uninsured or underinsured motorist coverage that applies if the other driver does not have enough insurance to cover your losses. Medical payments coverage on your own policy may also help cover treatment costs regardless of who was at fault.

If you have questions about what your case might be worth or want help understanding your options, Jim Adler, The Tough, Smart Lawyer®, and our team at Jim Adler & Associates can review your case at no cost to you.*

Your Rights in Specific Accident Situations Regardless of Immigration Status

The right to pursue compensation applies to you regardless of your immigration or citizenship status, but every accident presents its own set of challenges. Understanding what makes your specific situation unique can help you feel more prepared for what comes next.

Truck Accidents & 18 Wheeler Accidents

Crashes involving commercial trucks are far more complex than standard car accidents because of the corporate power involved. You are not just dealing with a driver. You are dealing with a trucking company, their insurer, and potentially the cargo loader or maintenance team. These companies often have teams of lawyers on the scene within hours. Jim Adler & Associates knows how to level the playing field by securing critical evidence, such as the driver’s electronic logs and the truck’s black box data, before it can be destroyed.

Traffic Accidents & Serious Crash Injuries

A serious car accident can leave you with questions about who is actually at fault, especially in intersection collisions or lane-change accidents. Insurance companies may try to use your hesitation against you, hoping you will accept a low offer because you are afraid to fight back. We investigate the accident thoroughly to prove that the other driver was negligent, whether they were speeding, distracted, or driving while drunk.

Rideshare Accidents

Accidents involving Uber or Lyft can be incredibly confusing because insurance coverage varies depending on what the driver was doing at the time. If the app is off, one policy applies. If they were waiting for a ride, another kicks in. We know how to cut through this confusion to find the right insurance policy to cover your medical bills and losses.

Motorcycle Accidents

Motorcyclists often face unfair bias from insurance adjusters who assume the rider must have been reckless. This is especially frustrating for riders who already feel like the system is working against them. We fight to make sure the facts of the accident are what decide your case, not unfair stereotypes about motorcyclists.

Work Injuries & Jobsite Accidents

Many workers assume they have no rights if they get hurt on the job, but Texas law protects injured workers regardless of their immigration status. Under the Texas Workers’ Compensation Act, you may be entitled to benefits for your injuries.[5] Texas courts have also upheld workers’ right to recover lost wages in personal injury claims, regardless of citizenship or immigration status.[6] If you were hurt by a third party, like a subcontractor or a defective machine, you may have a claim that goes beyond basic workers’ compensation.

Oilfield, Offshore & Explosion Accidents

These industries are dangerous, and accidents often involve multiple contractors working on the same site. If you are injured in an explosion or an equipment failure, do not let your employer tell you that you have no options. These cases often involve federal safety violations that require an immediate, independent investigation to protect your rights.

Wrongful Death

The most painful cases we handle are those where a family has lost a loved one. Under Texas Civil Practice and Remedies Code Section 71.004, the right to file a wrongful death claim belongs to the surviving spouse, children, and parents of the deceased.[7] This right exists to provide financial security and accountability for the loss of a life. It is not based on the citizenship status of the person who passed away or the family members who remain. 

No matter what type of accident you or your family has experienced, your immigration status does not change your right to seek justice. If you have questions about your situation, our team at Jim Adler & Associates is here to help you understand your options at no cost to you.*

Frequently Asked Questions About Accident Rights for Immigrants

After an accident, it is natural to have questions about what comes next and whether your immigration status affects your right to seek compensation. Many families who are building a life in a new country feel uncertain about how the legal system will treat them. That uncertainty can make an already stressful situation feel even more overwhelming. The questions below address the concerns we hear most often from people in your situation. If you do not see your question answered here, our team at Jim Adler & Associates is always available to speak with you directly.

What Is a Noncitizen & Why Does It Matter After an Accident?

A noncitizen is simply anyone who is not a U.S. citizen, which includes lawful permanent residents, visa holders, refugees, and others with legal authorization to be here. This definition matters because many people worry that their status as a noncitizen will prevent them from pursuing a personal injury claim. The reality is that the civil justice system in Texas is designed to protect people based on what happened to them, not based on the paperwork they hold. If you were injured because of someone else’s negligence, your status as a noncitizen does not prevent you from filing an insurance claim or seeking the medical care you need.

Immigrants who are lawfully present in the United States have the right to file insurance claims and pursue compensation in court just like anyone else. The civil justice system evaluates claims based on liability and damages, not citizenship status. Insurance companies must process claims based on who was at fault, the medical records, and the financial losses involved. If you were hurt in an accident caused by someone else’s negligence, you deserve the same opportunity to seek compensation as a U.S. citizen.

Yes, many constitutional protections apply to “persons” rather than just citizens. The Fourteenth Amendment guarantees that no state shall deprive any person of life, liberty, or property without due process of law.[10] Courts have consistently recognized that noncitizens in the United States have due process protections under the law.[2] This includes the right to access the courts and bring civil claims against people or companies that have harmed you.

Immigrants who are lawfully present have the right to seek medical care for their injuries without fear. You have the right to file an insurance claim against the at-fault party and pursue compensation for your losses. You also have the right to consult with a lawyer about your case and sue the person responsible for your injuries if a fair settlement cannot be reached. Finally, you have the right to request clear communication during the claims process, including interpretation services if you need them. These rights exist to protect you after an accident, and they apply regardless of your immigration status.

Yes, due process means you are entitled to fair treatment through the legal system. In a personal injury case, this includes the right to file a claim and have your case heard by an impartial judge or jury. These protections apply whether you are a citizen, a lawful permanent resident, or someone with another valid immigration status. No one can deny you access to the courts simply because you are not a citizen.

Immigrants often face additional hurdles that make an already difficult situation even harder. Language barriers can make it frustrating to communicate with insurance adjusters who are looking for reasons to deny your claim. Fear of interacting with the legal system often prevents people from seeking the help they truly need. Some insurance companies try to exploit this fear by pressuring injured people to accept low settlements or discouraging them from pursuing claims at all. Working with a lawyer who understands your situation can help level the playing field and ensure that you are treated fairly.

USCIS is the federal agency that oversees lawful immigration processes in the United States.[3] They handle applications for visas, Green Cards, citizenship, and asylum. If you have questions about immigration matters, USCIS is the appropriate resource to contact.

If you have questions about your immigration status, USCIS provides resources to help you understand your situation.[3] You can check the status of pending applications and find information about different visa categories directly through their website. This page focuses on personal injury claims and does not provide immigration advice.

An immigrant is a person who moves from one country to another with the intention of living there for an extended period. Immigration refers to the process of entering and settling in a new country to build a life. These terms describe where someone comes from, but they have nothing to do with whether that person has the right to file a personal injury claim after an accident in Texas.

The term immigrant does not refer to a single legal status. Some immigrants are lawful permanent residents, while others hold temporary visas for work or school. Each status has different legal implications, but this page focuses on the rights of people who are lawfully present in the United States.

When police respond to an accident, their primary focus is on safety and documenting what happened for the crash report. They need to identify the drivers involved to complete the accident report accurately. Texas law requires drivers to present a driver’s license when asked by law enforcement.[11] If you feel unsure about how to answer specific questions, you have the right to contact an attorney to protect your interests.

A sponsored immigrant is someone whose visa or Green Card application was supported by a sponsor who agreed to take financial responsibility for them. The sponsor signs an affidavit promising to help the immigrant financially if needed. Your relationship with your sponsor has nothing to do with your right to pursue compensation if you are injured in an accident.

Liability in a car accident typically depends on who caused the accident, not on immigration sponsorship relationships. If your sponsor was driving the vehicle that caused the accident, they could potentially be held liable just like any other driver. If your sponsor was not involved in the accident at all, their sponsorship status is generally not relevant to your personal injury claim.

A noncitizen who is lawfully present has legal authorization to be in the United States, such as a Green Card or a valid visa. A noncitizen who is not lawfully present does not currently have a valid immigration status. This page focuses on the rights of people who are lawfully present, but Texas courts have also recognized the rights of workers to pursue compensation regardless of immigration status in certain circumstances.[6]

Yes, if you were a passenger in a vehicle and were injured because of another driver’s negligence, you have the right to pursue compensation. This is true whether you were riding in a car, truck, bus, or rideshare vehicle. As a passenger, you were not in control of the vehicle, so the fault typically falls on one of the drivers involved. Your immigration status does not change your right to seek compensation as an injured passenger.

If the driver who caused your accident does not have insurance, you may still have options. Your own auto insurance policy may include uninsured or underinsured motorist coverage that can help pay for your medical bills. This coverage exists specifically to protect you when the at-fault driver cannot pay. An attorney can help you identify all available sources of coverage and pursue the compensation you deserve.

Pedestrians and bicyclists who are injured by negligent drivers have the right to pursue compensation for their injuries. These accidents often result in serious injuries because pedestrians have no protection against a moving vehicle. If a driver hit you while you were walking or riding a bicycle, you may be entitled to compensation for your medical bills and lost wages. Your immigration status does not affect your right to file a claim.

Insurance companies often ask for a Social Security Number as part of their standard paperwork, but it is not always required to file a claim. The requirements vary by insurance company and the type of claim. If you are concerned about providing personal information to an insurance company, speaking with a lawyer before you file your claim can help you protect your privacy.

Insurance adjusters often ask for recorded statements shortly after an accident to lock you into a version of events. You are not required to give a recorded statement to the other driver’s insurance company, and doing so can sometimes hurt your case. Adjusters are trained to ask questions in ways that may lead you to say something that reduces your compensation. Before giving any recorded statement, consider speaking with a lawyer who can advise you on how to protect your rights.

Texas follows a modified comparative fault rule. Under Texas Civil Practice and Remedies Code Section 33.001, you can still recover compensation even if you were partially at fault, as long as your share of the fault is not greater than 50 percent.[8] Your compensation will be reduced by your percentage of fault. For example, if you were found to be 20 percent at fault and your damages totaled $100,000, you could still recover $80,000. Insurance companies often try to shift blame onto injured people to reduce what they have to pay, so having a lawyer who can fight back is important.

When you come in for a free consultation, it helps to bring any documents related to your accident and injuries. This may include the police report, photos of the accident scene, medical records, and information about the other driver and their insurance. Do not worry if you do not have all of these documents right now. We can help you obtain the information we need to evaluate your case, so missing paperwork should not stop you from calling.

Accidents involving commercial vehicles or company cars are often more complex because multiple parties may be liable. The driver, the company that employs the driver, and the company that owns the vehicle may all share responsibility depending on the circumstances. Commercial vehicles are also required to carry higher insurance limits under federal regulations, which means more coverage may be available to compensate you.[9] These cases require careful investigation to identify all responsible parties and all available insurance policies.

If the driver who hit you fled the scene without stopping, you may still have options for recovering compensation. Your own auto insurance policy may include uninsured motorist coverage that can help pay for your injuries when the at-fault driver cannot be identified. If the driver is later identified, you can pursue a claim against them directly. Hit-and-run accidents are serious, and you should report them to the police immediately so there is an official record. An attorney can help you explore all available options for recovering compensation.

Still have questions?

Talk to Jim Adler & Associates Today

We know how much courage it takes to pick up the phone when you are unsure whether the system will treat you fairly. Many families wait because they are afraid that asking for help will create new problems or draw attention they do not want. We hear those fears every day, and we want you to know that protecting your family after an accident is exactly what the law is designed to do. A personal injury case is about what happened to you, who caused it, and the harm your family has suffered. It is not about your immigration or citizenship status, and it never should be.

If you were hurt because of someone else’s negligence, Jim Adler, The Texas Hammer®, is here to stand with you. Our team at Jim Adler & Associates can review your case and explain your options at no cost to you.* You pay no attorney fees unless we recover compensation for your case.* Call us today or fill out the form on this page, and let us help you take the first step toward the justice your family deserves.

References

[1] Texas Civil Practice and Remedies Code, Chapter 16, Section 16.003, “Two-Year Limitations Period.” https://statutes.capitol.texas.gov/docviewer?docPath=%2FCP%2Fhtm%2FCP.16.htm 

[2] Cornell Law School, Legal Information Institute, “Aliens in the United States.” https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-18/aliens-in-the-united-states

[3] U.S. Citizenship and Immigration Services, “What We Do.” https://www.uscis.gov/about-us/mission-and-core-values/what-we-do

[4] Texas Department of Public Safety, Crash Records. https://www.txdot.gov/data-maps/crash-reports-records.html 

[5] Texas Department of Insurance, Division of Workers’ Compensation. https://www.tdi.texas.gov/wc/act/index.html 

[6] Grocers Supply, Inc. v. Cabello, 390 S.W.3d 707 (Tex. App.—Dallas 2012) https://case-law.vlex.com/vid/grocers-supply-inc-v-892164045 

[7] Texas Civil Practice and Remedies Code, Chapter 71, Section 71.004, “Benefitting From and Bringing Action.” https://statutes.capitol.texas.gov/docviewer?docPath=%2FCP%2Fhtm%2FCP.71.htm 

[8] Texas Civil Practice and Remedies Code, Chapter 33, Section 33.001, “Proportionate Responsibility.” https://statutes.capitol.texas.gov/docviewer?docPath=%2FCP%2Fhtm%2FCP.33.htm 

[9] Federal Motor Carrier Safety Administration, “Insurance Filing Requirements.” https://www.fmcsa.dot.gov/registration/insurance-filing-requirements

[10] Cornell Law School, Legal Information Institute, “Fourteenth Amendment.” https://www.law.cornell.edu/constitution/amendmentxiv

[11] Texas Transportation Code, Chapter 521, Section 521.025, “License to Be Carried and Exhibited on Demand.” https://statutes.capitol.texas.gov/Docs/TN/htm/TN.521.htm#521.025

Jim Adler

Founder, Attorney

Jim Adler, also known as The Texas Hammer®, is an American trial attorney and owner of Jim Adler & Associates. He has been practicing law in Texas in the area of personal injury for 54 years. Jim Adler graduated from the University of Texas School of Law where he received his Juris Doctor degree (J.D.) in 1967. Jim Adler is a member of the State Bar of Texas, American Bar Association (ABA) and American Trial Lawyers Association. He is licensed to practice in the United States Court of Appeals for the Fifth Circuit and U.S. District Courts of Texas. Read More
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