On Friday March 26, 2010, a motor vehicle incident on Interstate 95 in Woodbridge, Virginia left two men jailed and facing charges. The altercation was between the drivers of a dump truck and a Jaguar during rush hour traffic. A toddler was inside the car at the time of the incident. A witness stated that the driver of the dump truck intentionally rammed his vehicle into the Jaguar and struck several other vehicles as well. Both vehicles were left with severe property damage. At some point a gun was pulled out and shots were fired.
Police responded and charged the truck driver with reckless driving, and other charges. The driver of the Jaguar is also facing charges stemming from possession of a firearm and the use thereof.
Although it is unclear what started this altercation, it is clear that a motor vehicle altercation such as this can cause severe bodily injuries or even death. Fortunately the Virginia State Police were able to get the situation under control before further injuries and damages were done.
An intentional tort is defined as "a tort in which the actor is expressly or impliedly judged to have possessed intent or purpose to injure." This situation is a perfect example of an intentional tort. If the driver willingly got behind the wheel of a car and struck a crowd of people in an effort to hurt or injure anyone then his actions can be classified as an intentional tort.
Assuming the automobile insurance carrier covers this intentional act, the injured individuals in this situation could pursue a claim for bodily injuries against the "at fault party." The insurance carrier would normally be responsible for medical expenses, lost wages, pain and suffering or even mental distress. However, when a party contributes to the cause of accident or acts intentionally, the insurance carrier could claim that he was "contribulatory negligent" and bar him/her from any recovery.
If you, a family member, or someone you know has been injured in an automobile accident wherein you were struck intentionally or if you would like more information on automobile accidents, please visit us on the web at http://portnerandshure.com
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