One person was killed and another was injured in an overnight road-rage incident.
Two cars were stopped at a red light near Broadway Road at Central Avenue. One car was occupied by a male driver and a female passenger and the other was occupied by two men.
An argument broke out between the occupants of both cars and gunfire was exchanged before both cars fled the scene.
The car occupied by the male driver and the female passenger was stopped by police near Fifth Avenue and Yavapai Street for speeding.
The driver was transported to a hospital because of a gunshot wound, where he died a short time later. The female passenger was not injured.
Police also received an emergency call to a home near Central Avenue and Tamarisk Avenue for a gunshot wound. The man injured turned out to be an occupant of the other vehicle. He was transported to a hospital with non-life threatening injuries.
How do you sort this one out? First, the answer to the title question is YES, THERE IS LEGAL LIABILITY TO AN AT FAULT PARTY THAT CAUSES HARM TO ANOTHER.
That is the easy part. The hard part: Where does the payment for damages come from? Insurance is generally designed to pay for “accidents”. Most often, insurance companies will not pay for damages for intentional or criminal acts.
A person cannot intend to harm another, and first get insurance to cover the damages. It does not work that way. However, insurance or the lack thereof does not change a person’s legal liability for harm caused.
The lack of insurance just makes it a lot harder to collect the money awarded at the end of the case.
And, as an exception to the general rule of no insurance for intentional acts—if the person causing the harm is under the influence of alcohol or drugs, argument can be made that he/she did not form an “intent to harm”, and therefore, insurance may cover the damage.
It can be a bit confusing. If you find yourself in a quandary like this, seek the advice of an experienced Phoenix injury lawyer.