Imperial Valley Truck Accident Raises Questions About Undocumented Immigrants Filing a Claim
Questions were raised recently after a truck accident in Imperial Valley, California, about whether an undocumented immigrant can file a personal injury or wrongful death claim. The accident cost the lives of 13 people and injured about a dozen more after the SUV they were riding in collided with a big rig. The SUV was carrying 25 people in a vehicle meant to carry eight or nine. The ages of those who were killed or injured ranged between 15 and 53.
Details of the Accident
According to the California Highway Patrol (CHP), a 1997 Ford Expedition was traveling along Highway 115 near Norrish Road in Holtville at about 6:15 a.m. The location of the truck accident is north of Mexico’s border around 15 miles and 125 miles from San Diego. At the Norrish Road intersection, the driver drove straight into the path of a big rig, which struck the SUV on its left side, pushing it off the road. It has yet to be determined if the SUV ran the stop sign.
The SUV Was Overloaded and Lacked Safety Precautions
The SUV driver, who died in the truck accident, was identified as being from Mexicali, which is in the state of Baja and lies on the border with California. A statement was issued by the Mexican government that said a minimum of 10 of those who died were Mexican citizens. Authorities are trying to determine the identities of the others who died in the crash. A number of those riding in the SUV were ejected from the vehicle when the crash occurred. The interior seats of the SUV had been removed, and no seat belts were present for the passengers.
Immigration Status Does Not Affect a Personal Injury or Wrongful Death Claim
Under California Code EVID Section 351.2. 351.2. (a), when a claim is filed for a wrongful death or personal injury, an individual’s immigration status cannot be admitted into evidence. This means that an undocumented person in the country has the right to file for personal injury damages, and the family of someone who died and had not entered the country legally can file for wrongful death. In California, an undocumented person has the same rights to file as a citizen.
Can a Lawsuit Be Filed in This Tragic Truck Accident?
Since an investigation into who caused the accident is still underway, there are two possibilities:
- Possibility #1: In this scenario, the truck driver is responsible for the accident. Assuming it was an American driver working for a company in the United States, the question arises about whether the estate of those killed in the accident have the right to sue.
- Possibility #2: In this scenario, the SUV driver, who is Mexican, caused the accident, killing himself and others. Can the estate of the SUV driver be sued by the families of the decedents?
The answer to these questions is best left to a personal injury lawyer. The circumstances of the case dictate the way it is handled. An injury attorney would be able to determine the best options available to you.
Sacramento Personal Injury Lawyer
I am Ed Smith, and I’m a Sacramento personal injury lawyer. Those who lose a loved one in an accident due to someone else’s fault may place a wrongful death claim to recover damages. You can contact me at (916) 921-6400 or (800) 404-5400 for my compassionate, free, and friendly advice or reach me by filling out the short form online.
I am a member of the Million Dollar Advocates and the Top 1 Percent.
You can learn about my law firm and how we have helped others below:
My law firm has been around since 1982, and during those years, we’ve helped many residents of Northern California get fair compensation for their traffic accident injuries, cases that involve wrongful deaths, and government claims.
Attributed photo: https://pixabay.com/photos/candle-light-candlelight-flame-2038736/
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