In the United States, every person is guaranteed certain rights and freedoms according to the U.S. Constitution regardless of their citizenship status. This means that citizens, international tourists, legal immigrants and even “illegal aliens” are equally protected under the law in almost all cases including traffic law. Here are a few court rulings that prove this point:
Yick Wo v. Hopkins – 1886
When this case was heard, Chinese immigrants were considered second-class citizens, but the Supreme Court went against public opinion to uphold the law. This important case upheld the 14th amendment by stating that Yick Wo had a right to equal protection under the law although he had entered the country illegally. Read more about the case here.
Wong Wing v. U.S. – 1896
In this case, the Supreme Court ruled once again that the U.S. Constitution was a citizenship-blind document. This set of justices decided that the 5th and 6th amendments protected everyone within U.S. borders even if they were not a citizen of the country.
Plyler v. Doe – 1982
In this more recent case, the Supreme Court ruled that a Texas law that prevented illegal aliens from enrolling in the public school system was unconstitutional. The plaintiffs in this case were illegal aliens who argued that this denial violated their right to equal protection under the law. The Supreme Court agreed. Read more here.
Your Rights in a Car Accident
Time after time, the U.S. courts have ruled that illegal aliens have the same fundamental rights as any American citizen while they remain within U.S. borders. If you’re involved in a car accident in the United States, don’t believe anyone who tells you otherwise.
If you’re involved in a car accident in the United Sates:
- DO seek medical attention.
- DO notify the police.
- DO collect license plate numbers as well as the other drivers’ names, phone numbers, addresses and insurance information.
- DO get names, phone numbers and addresses of all potential witnesses.
- DO call your insurance company.
- DO take pictures of the scene.
- DO call an experienced personal injury attorney.
- DON’T move your vehicle unless you must for safety or to comply with the law.
- DON’T stand or wait in a dangerous area.
- DON’T leave the scene until the police say you can.
- DON’T accept blame, discuss fault or apologize. This can be considered evidence.
- DON’T agree to a settlement without talking to a lawyer.
If you’re injured in a car accident, call San Diego Personal Injury Attorneys to discuss your rights.