What Happens If an Undocumented Immigrant Is Injured by a Government Vehicle in Chicago

What happens if an undocumented immigrant is injured by a government vehicle in Chicago? Undocumented immigrants face challenges others may not, including keeping their immigration status secret from the government. This creates an interesting concern when an undocumented immigrant is injured in a car accident involving a government automobile.

When an undocumented immigrant is injured by a government vehicle, there are protections in place to help them take legal action without taking additional risks because they are undocumented. If you know someone in this situation, have them consult with a Chicago car accident attorney from Rosenfeld Injury Lawyers to seek legal guidance.

Undocumented immigrants face challenges that others may not, including keeping their immigration status secret from the government. This creates an interesting concern when an undocumented immigrant is injured by a government vehicle.

When an undocumented immigrant is injured by a government vehicle, there are protections in place to help them take legal action without taking additional risks because they are undocumented.

If you know someone who was injured like this, have them consult with a personal injury lawyer to seek legal guidance.

Understanding Liability in Accidents Involving Government Vehicles

In a car accident, one of the drivers will be found responsible or at fault. This makes them liable for the damages the other party or pirates suffer. If a driver hits a pedestrian, then the same theory of liability applies.

When a government vehicle is involved, determining liability becomes more complicated.

Accidents Involving Federal vs State Government Vehicles

Federal government agencies fall under the jurisdiction of the Federal Tort Claims Act (FTCA). Under the FTCA, the government is liable for any claims filed against it or its employees.

Even if the employee is at fault, the government assumes liability for them and handles the case. Any claims you file against federal government employees are handled by the agency they work for and are not against the individual driver.

State governments have different laws based on the state and the agency. Illinois is different because you can file a lawsuit against the individual driver or the government, depending on the circumstances. However, the Illinois Tort Immunity Act limits when and how much you can sue a government employee or agency.

For example, a public entity or employee cannot be held liable for punitive or exemplary damages for an act or omission that occurs while performing their duties, according to 745 ILCS 10/2-102.

Sovereign Immunity

Government immunity to lawsuits, also known as sovereign immunity, has existed for a long time. It is a legal clause used on all levels to protect the government and its agents from specific liabilities. However, certain states removed sovereign immunity from their law books, making it explicitly invalid.

Illinois’ constitution specifically makes sovereign immunity unlawful, but several legal acts created some level of protection for government employees in specific situations. These include:

• Illinois Tort Immunity Act
• Local Governmental and Governmental Employees Tort Immunity Act
• State Lawsuit Immunity Act
• Court of Claims Act

You can sue the government and its employees if they act unlawfully on purpose, and only if there is no legal exemption for that exact situation.

Undocumented Immigrants’ Legal Rights in the Event of an Accident Involving a Government Vehicle

It’s important to note the role of immigration status when filing car accident claims. Undocumented immigrants involved in accidents with government vehicles have specific rights under federal and state laws. Under federal law, undocumented immigrants have the same right to file a personal injury suit as everyone else.

In Illinois, you should be able to file a claim regardless of your immigration status. More importantly, Illinois has specific protections in place if you are undocumented.

Many undocumented immigrants won’t seek legal advice for fear of being reported to Immigration and Customs Enforcement (ICE). Immigration status is protected under attorney-client privilege, meaning your lawyer cannot disclose your status to anyone, including the court. However, you should not have to worry about facing deportation for filing a personal injury lawsuit.

Another common fear is that if you file a claim against an employer, company, or government agency, they can retaliate by reporting your status to ICE. Under federal law, undocumented immigrants are protected from retaliation.

Establishing Fault

All injured victims must prove that negligence caused their accidents. In Chicago, establishing fault often comes down to proving that the at-fault driver violated local ordinances. For example, motorists must yield the right of way to pedestrians in crosswalks at stop signs, as per municipal code 9-24-030. Failing to do so and hitting a pedestrian would be a clear case of fault.

Proving negligence requires evidence of four elements: duty of care, breach of duty, causation, and legal damages. Your personal injury lawyer will help you understand these elements and gather enough evidence to prove them and obtain compensation.

Filing a Claim Against a Government Agency

Undocumented immigrants can file personal injury claims against a government agency. There is a legal process for this, and you are best served by consulting with personal injury attorneys. Here are the steps undocumented immigrants should take following a car accident with a government vehicle.

Identify the Responsible Agency

The first step for you and your lawyer is to identify the liable agency. Look to see if the agency is a federal, state, or local government agency by identifying who the employee works for. The law changes based on which agency you have to file your personal injury claims against.

File an Administrative Claim

Before you file a personal injury lawsuit, file an administrative claim. Government agencies have internal processes to investigate and handle potential lawsuits.

State agencies have specific processes for filing administrative claims. Your lawyer can provide that information and lead you through the process. The case will be filed with the Court of Claims, which handles claims against the state and its agencies.

If you need to file against a local government agency, there is a specific system for that as well. It is outlined in the Local Governmental and Governmental Employees Tort Immunity Act. In some cases, a form of sovereign immunity will apply. However, there are situations where you can file a winnable case, and you should consult a lawyer before taking action.

Wait for the Agency’s Response

Once you file the administrative claim, you have to wait for a response from the agency. They are also subject to strict time requirements to respond. Usually, that wait time is around six months, and the agency must accept or deny the claim.

If they accept the administrative claim, you can be compensated for your damages without going to court. If the claim is denied, then you can work with a personal injury attorney to file your lawsuit and seek compensation in court.

Consult a Personal Injury Lawyer

At the beginning of this process, you should consult with a personal injury legal representative who can help you. Your administrative claim or personal injury case can benefit from having expert legal advice throughout the process.

Chicago personal injury attorneys can help with any part of the process, including the administrative claim. Claims processes tend to be complex, long, and prone to mistakes. Secure legal support from a personal injury lawyer early to save yourself the headache of having problems that you are not sure how to solve when filing an accident claim as an undocumented immigrant.

Challenges Many Undocumented Immigrants May Face When Filing Claims Against Government Agencies

Unfortunately, undocumented immigrants face several challenges that others may not when filing legal actions. Perhaps the most prominent of these concerns is being reported to ICE and being deported.

You are rightfully concerned about having your status reported to immigration authorities. However, your immigration status is protected by attorney-client privilege, meaning your car accident attorney cannot disclose it to anyone.

File Before the Statute of Limitations Expires

There is a legal limit to how long you have to file your personal injury claim. It is called the statute of limitations, which limits how long people (and agencies) have to worry about being sued.

In Illinois, you have:

• Six months to file your administrative claim
• Six months to wait for an answer
• One year from receiving the answer to file your lawsuit, or
• You have up to two years to file your lawsuit from the date of the accident.

All of these time limits are not very long for a personal injury lawyer to complete paperwork and build a case to file. By consulting with personal injury attorneys as soon as possible, you can improve your chances of building a successful case.

Contact our Chicago auto accident lawyers for a free consultation by filling out our online form or calling toll-free at 888-424-5757 to get legal advice about your case.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.